article thumbnail

Microplastics in the Lungs: The Next Asbestos or Are We Just Catastrophizing?

Law and Environment

At the same time, the “precautionary principle” is not a sound basis for regulations. As Cass Sunstein has noted , the precautionary principle provides help only if we blind ourselves to many aspects of risk-related situations and focus on a narrow subset of what is at stake. first appeared on Law and the Environment.

article thumbnail

An Update on the Evolving Legal Landscape for Ocean-Based Carbon Dioxide Removal: Key Outcomes of the October 2023 Meeting of the Parties to the London Convention and Protocol

Law Columbia

Given this, over the last century, a large body of international law has been developed to govern ocean-based activities. It is proving difficult in part because of the highly siloed nature of international environmental law. This is consistent with the precautionary principle that underlies much international environmental law.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Principles of International Law and the Adoption of a Market-Based Mechanism for Greenhouse Gas Emissions from Shipping: New Sabin Center White Paper

Law Columbia

In a new white paper , published online, the Sabin Center examines nine principles of international law that establish and frame the International Maritime Organization’s (IMO) authority to adopt a market-based mechanism to reduce shipping emissions.

article thumbnail

Big Plastic’s arguments against federal plastics regulations crumple in court

Enviromental Defense

It’s called the Precautionary Principle and it’s widely accepted in environmental law in Canada and well beyond. She pointed out that Big Plastic’s interpretation of the Precautionary Principle would make it meaningless.

article thumbnail

Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

Law Columbia

Applicable Law to the ITLOS Advisory Opinion The applicable law for the ITLOS advisory proceedings is determined by Article 293 of UNCLOS. Similarly, several authors have argued that this obligation predates the Convention, with UNCLOS simply codifying an existing customary law rule ( e.g. , Corfu Channel Case , p.

article thumbnail

Climate Litigation and Children’s Rights: Unpacking the CRC’s New General Comment

Law Columbia

The consultation, which was part of the first drafting phase of the GC, included a thematic workshop with several experts on climate change law, climate change litigation, and their intersection with the rights of children. 11 GC26), with due regard to the precautionary principle (IV. Argentina et al. ).

article thumbnail

Countries failed to agree first steps on solar geoengineering at the UN. What went wrong?

Legal Planet

Duncan McLaren is an Emmett Institute Climate Intervention Fellow in Environmental Law and Policy Olaf Corry is Professor of Global Security Challenges in the School of Politics and International Studies at the University of Leeds, UK Download as PDF

2019 312