Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0007
- Subject:
- Law, Comparative Law
This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. ...
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This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. In the basic torts model, the injurer and the victim can reduce the probability and severity of accidents by taking precautions. “Precaution” against accidents can be reinterpreted to fit contracts and other bodies of law. The chapter first considers forms of precaution and the paradox of compensation, showing that compensating victims is often inconsistent with double responsibility at the margin that is required in efficient incentives. It then examines three mechanisms that allow liability law to combine compensation and incentives for efficient precaution: the fault rule, invariant damages, and a coercive order from a court, such as an injunction against a nuisance.Less
This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. In the basic torts model, the injurer and the victim can reduce the probability and severity of accidents by taking precautions. “Precaution” against accidents can be reinterpreted to fit contracts and other bodies of law. The chapter first considers forms of precaution and the paradox of compensation, showing that compensating victims is often inconsistent with double responsibility at the margin that is required in efficient incentives. It then examines three mechanisms that allow liability law to combine compensation and incentives for efficient precaution: the fault rule, invariant damages, and a coercive order from a court, such as an injunction against a nuisance.
Lukasz Gruszczynski
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578924
- eISBN:
- 9780191722646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578924.003.0006
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the ...
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This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the interpretation of various SPS provisions. The second part concentrates on Article 5.7, which is recognized as a specific SPS formulation of the principle. A separate analysis is conducted with respect to systemic (i.e. the applicability of Article 5.7, allocation of burden of proof) and substantive (i.e. the normative content of its obligations) issues. In this context, the chapter identifies a number of limitations in the earlier jurisprudence, including the conceptualization of insufficient scientific evidence as an absolute category independent from normative considerations. Nevertheless, it concludes that more recent case law appears to properly address the major points of concern, leaving WTO Members with a considerable degree of regulatory freedom.Less
This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the interpretation of various SPS provisions. The second part concentrates on Article 5.7, which is recognized as a specific SPS formulation of the principle. A separate analysis is conducted with respect to systemic (i.e. the applicability of Article 5.7, allocation of burden of proof) and substantive (i.e. the normative content of its obligations) issues. In this context, the chapter identifies a number of limitations in the earlier jurisprudence, including the conceptualization of insufficient scientific evidence as an absolute category independent from normative considerations. Nevertheless, it concludes that more recent case law appears to properly address the major points of concern, leaving WTO Members with a considerable degree of regulatory freedom.
Leslie R. Martin, Kelly B. Haskard-Zolnierek, and M. Robin DiMatteo
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195380408
- eISBN:
- 9780199864454
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195380408.003.0001
- Subject:
- Psychology, Social Psychology
This chapter reviews theoretical models that have guided thinking and research on health behavior change, providing a historical perspective on major developments in the field. Included in this ...
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This chapter reviews theoretical models that have guided thinking and research on health behavior change, providing a historical perspective on major developments in the field. Included in this overview are the Health Belief Model, Theory of Reasoned Action, Theory of Planned Behavior, Transtheoretical Model of Change, Social-Cognitive Models, Precaution-Adoption Process Model, and the Information–Motivation–Strategy Model. The contexts in which these models have been tested, along with their effectiveness as demonstrated by the empirical literature, are described. Examples for practical application are also provided, as are caveats and information about contexts in which these models (or portions thereof) are not well supported.Less
This chapter reviews theoretical models that have guided thinking and research on health behavior change, providing a historical perspective on major developments in the field. Included in this overview are the Health Belief Model, Theory of Reasoned Action, Theory of Planned Behavior, Transtheoretical Model of Change, Social-Cognitive Models, Precaution-Adoption Process Model, and the Information–Motivation–Strategy Model. The contexts in which these models have been tested, along with their effectiveness as demonstrated by the empirical literature, are described. Examples for practical application are also provided, as are caveats and information about contexts in which these models (or portions thereof) are not well supported.
Anastasios Xepapadeas
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199692873
- eISBN:
- 9780191738371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199692873.003.0006
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Robust policy rules and precaution might be called for, under conditions of scientific uncertainty, when a policy maker is concerned about possible misspecification of the natural system that is used ...
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Robust policy rules and precaution might be called for, under conditions of scientific uncertainty, when a policy maker is concerned about possible misspecification of the natural system that is used to model pollution dynamics. Precaution, however, could be costly. The present chapter develops a conceptual framework for designing robust policy rules and estimating the cost of being precautious in the context of an international pollution control problem. Cooperative and non-cooperative robust policy rules are determined and the cost, in terms of value loss, of being robust relative to conventional policy rules is estimated.Less
Robust policy rules and precaution might be called for, under conditions of scientific uncertainty, when a policy maker is concerned about possible misspecification of the natural system that is used to model pollution dynamics. Precaution, however, could be costly. The present chapter develops a conceptual framework for designing robust policy rules and estimating the cost of being precautious in the context of an international pollution control problem. Cooperative and non-cooperative robust policy rules are determined and the cost, in terms of value loss, of being robust relative to conventional policy rules is estimated.
Matthew Flinders
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199271597
- eISBN:
- 9780191709234
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271597.003.0012
- Subject:
- Political Science, Comparative Politics, UK Politics
Although other countries generally require special majorities, popular referendums or other safeguards to ensure that the constitution remains protected from day‐to‐day partisan manipulation, the ...
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Although other countries generally require special majorities, popular referendums or other safeguards to ensure that the constitution remains protected from day‐to‐day partisan manipulation, the constitution of the United Kingdom is notable due to the absence of these auxiliary precautions. New Labour did little to dilute their capacity in terms of constitutional amendment.Less
Although other countries generally require special majorities, popular referendums or other safeguards to ensure that the constitution remains protected from day‐to‐day partisan manipulation, the constitution of the United Kingdom is notable due to the absence of these auxiliary precautions. New Labour did little to dilute their capacity in terms of constitutional amendment.
Magdalena Forowicz
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199592678
- eISBN:
- 9780191595646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592678.003.0009
- Subject:
- Law, Human Rights and Immigration
The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework ...
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The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework of law which is already applicable to situations of armed conflict. This chapter first analyses the purpose and status of international humanitarian law. In this context the case law of the ECtHR referring to situations of armed conflict is reviewed. It is demonstrated that the Court has used an approach to situations of armed conflict which is based on the ECHR and on the indirect application of International Humanitarian Law. Finally, it is argued that the Court has departed from the international practice in this field, but that it has nonetheless achieved results similar to IHL.Less
The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework of law which is already applicable to situations of armed conflict. This chapter first analyses the purpose and status of international humanitarian law. In this context the case law of the ECtHR referring to situations of armed conflict is reviewed. It is demonstrated that the Court has used an approach to situations of armed conflict which is based on the ECHR and on the indirect application of International Humanitarian Law. Finally, it is argued that the Court has departed from the international practice in this field, but that it has nonetheless achieved results similar to IHL.
Laurence Boisson de Chazournes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562572
- eISBN:
- 9780191705328
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562572.003.0005
- Subject:
- Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration
This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, ...
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This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, and examines how the precautionary approach brings new concerns and new paradigms into the international legal order. It then looks at precaution's links with public participation. Finally, it examines the societal dimension of precaution.Less
This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, and examines how the precautionary approach brings new concerns and new paradigms into the international legal order. It then looks at precaution's links with public participation. Finally, it examines the societal dimension of precaution.
François Bonnieux and Pierre Rainelli
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199248919
- eISBN:
- 9780191595950
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199248915.003.0017
- Subject:
- Economics and Finance, Development, Growth, and Environmental
The environmental legislation process in the EU originated in the First Environmental Action Programme in 1973. A consistent set of principles emerged in successive Environmental Action Programmes: ...
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The environmental legislation process in the EU originated in the First Environmental Action Programme in 1973. A consistent set of principles emerged in successive Environmental Action Programmes: polluter pays; precaution; subsidiarity; and sustainability. There has been a notable absence in the use of valuation techniques within EU decision‐making, which has relied instead on Environmental Impact Assessment. Individual national governments within the EU have used valuation techniques on an ad hoc basis.Less
The environmental legislation process in the EU originated in the First Environmental Action Programme in 1973. A consistent set of principles emerged in successive Environmental Action Programmes: polluter pays; precaution; subsidiarity; and sustainability. There has been a notable absence in the use of valuation techniques within EU decision‐making, which has relied instead on Environmental Impact Assessment. Individual national governments within the EU have used valuation techniques on an ad hoc basis.
Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.003.0008
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter further investigates the convergence among the international environmental standards for corporate accountability identified or proposed by the international organizations previously ...
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This chapter further investigates the convergence among the international environmental standards for corporate accountability identified or proposed by the international organizations previously discussed. It proceeds to clarify further the level of detail and international acceptance of these emerging international standards, also drawing upon recent developments in multilateral environmental agreements, in particular the Convention on Biological Diversity. The following emerging standards are considered as having reached a significant level of detail and acceptance at the international level: the self-assessment of environmental impacts, environmental management system; prevention, precaution, disclosure of environmental information; public consultations, and the sustainable use of natural resources. In all, these standards remain subject to specific application on a case-by-case basis. Nevertheless, a fundamental, minimum normative benchmark, firmly rooted in international environmental law, is emerging. According to these standards, it is now possible to appraise critically corporate conduct, even in the absence of, or in the presence of ineffective, national laws to this effect.Less
This chapter further investigates the convergence among the international environmental standards for corporate accountability identified or proposed by the international organizations previously discussed. It proceeds to clarify further the level of detail and international acceptance of these emerging international standards, also drawing upon recent developments in multilateral environmental agreements, in particular the Convention on Biological Diversity. The following emerging standards are considered as having reached a significant level of detail and acceptance at the international level: the self-assessment of environmental impacts, environmental management system; prevention, precaution, disclosure of environmental information; public consultations, and the sustainable use of natural resources. In all, these standards remain subject to specific application on a case-by-case basis. Nevertheless, a fundamental, minimum normative benchmark, firmly rooted in international environmental law, is emerging. According to these standards, it is now possible to appraise critically corporate conduct, even in the absence of, or in the presence of ineffective, national laws to this effect.
Nils Melzer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533169
- eISBN:
- 9780191714511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533169.003.0009
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the extent to which the method of targeted killing can be regarded as permissible under each of the conditions and modalities of the international normative paradigm of law ...
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This chapter examines the extent to which the method of targeted killing can be regarded as permissible under each of the conditions and modalities of the international normative paradigm of law enforcement. It shows that any State-sponsored targeted killing not directed against a legitimate military target in an armed conflict must be governed by the normative paradigm of law enforcement. Therefore, in order to be lawful a particular targeted killing must, cumulatively: (i) have a sufficient legal basis in domestic law; (ii) not be of punitive but of exclusively preventive nature; (iii) aim exclusively at protecting human life from unlawful attack; (iv) be absolutely necessary in qualitative, quantitative and temporal terms for the achievement of this purpose; and (v) be the undesired ultima ratio, and not the actual aim, of an operation which is planned, prepared and conducted so as to minimize, to the greatest extent possible, the recourse to lethal force.Less
This chapter examines the extent to which the method of targeted killing can be regarded as permissible under each of the conditions and modalities of the international normative paradigm of law enforcement. It shows that any State-sponsored targeted killing not directed against a legitimate military target in an armed conflict must be governed by the normative paradigm of law enforcement. Therefore, in order to be lawful a particular targeted killing must, cumulatively: (i) have a sufficient legal basis in domestic law; (ii) not be of punitive but of exclusively preventive nature; (iii) aim exclusively at protecting human life from unlawful attack; (iv) be absolutely necessary in qualitative, quantitative and temporal terms for the achievement of this purpose; and (v) be the undesired ultima ratio, and not the actual aim, of an operation which is planned, prepared and conducted so as to minimize, to the greatest extent possible, the recourse to lethal force.
Nils Melzer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533169
- eISBN:
- 9780191714511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533169.003.0011
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the principle of distinction in contemporary International Humanitarian Law (IHL). As a general rule, the principle of distinction permits direct attacks only against the armed ...
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This chapter examines the principle of distinction in contemporary International Humanitarian Law (IHL). As a general rule, the principle of distinction permits direct attacks only against the armed forces of the parties to the conflict, while the peaceful civilian population must be spared and protected against the effects of the hostilities. This chapter first distinguishes and defines the notions of civilian, member of the armed forces and combatant under the law governing both in international and non-international armed conflict, clarifies when civilians can be regarded as directly participating in hostilities entailing loss of protection against direct attack, and also examines various aspects of the duty to avoid "collateral damage", which is inherent in the principle of distinction.Less
This chapter examines the principle of distinction in contemporary International Humanitarian Law (IHL). As a general rule, the principle of distinction permits direct attacks only against the armed forces of the parties to the conflict, while the peaceful civilian population must be spared and protected against the effects of the hostilities. This chapter first distinguishes and defines the notions of civilian, member of the armed forces and combatant under the law governing both in international and non-international armed conflict, clarifies when civilians can be regarded as directly participating in hostilities entailing loss of protection against direct attack, and also examines various aspects of the duty to avoid "collateral damage", which is inherent in the principle of distinction.
NICOLAS DE SADELEER
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199254743
- eISBN:
- 9780191719851
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199254743.003.08
- Subject:
- Law, Environmental and Energy Law
This chapter begins by presenting the aim of this book which is to determine the status and evaluate the contribution made by the three foremost environmental principles — polluter-pays, prevention, ...
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This chapter begins by presenting the aim of this book which is to determine the status and evaluate the contribution made by the three foremost environmental principles — polluter-pays, prevention, and precaution — to the construction of environmental law at the international, EC, and national levels. It then highlights that the concept of risk has become the activating concept of modern environmental law. It notes that most of the environmental risks produced by industrial society have been the subject of preventive regulatory measures. Moreover, this chapter explains that a new generation of risks has emerged due to the general inability of scientists to make reliable predictions about hazards due to uncertainties or insufficient knowledge and, on the other hand, by the impossibility of assessing the character of damage that might occur. It focuses on the possibility that law makers may choose more open concepts, particularly those principles for which no fixed definition can be found.Less
This chapter begins by presenting the aim of this book which is to determine the status and evaluate the contribution made by the three foremost environmental principles — polluter-pays, prevention, and precaution — to the construction of environmental law at the international, EC, and national levels. It then highlights that the concept of risk has become the activating concept of modern environmental law. It notes that most of the environmental risks produced by industrial society have been the subject of preventive regulatory measures. Moreover, this chapter explains that a new generation of risks has emerged due to the general inability of scientists to make reliable predictions about hazards due to uncertainties or insufficient knowledge and, on the other hand, by the impossibility of assessing the character of damage that might occur. It focuses on the possibility that law makers may choose more open concepts, particularly those principles for which no fixed definition can be found.
Lee Anne Fennell
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780226650265
- eISBN:
- 9780226650432
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226650432.003.0013
- Subject:
- Law, Philosophy of Law
Chapter 12 shows that many legal and policy disputes boil down to disagreements about bundling—whether of precautions, property interests, behavior, regulations, or legislation. Because the power to ...
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Chapter 12 shows that many legal and policy disputes boil down to disagreements about bundling—whether of precautions, property interests, behavior, regulations, or legislation. Because the power to bundle or unbundle can dramatically change results, battles over bundles are some of the most interesting and consequential disputes in law and policy. In tort law, for example, a precaution like a high cricket fence might appear worthwhile when considered as a unit, but when its height is disaggregated, some segments may cost more than they are worth. The same basic issue--elements subtracting value from a package that remains valuable as a whole--recurs in many contexts, from regulatory cost-benefit analysis to legislative logrolling. Marginal analysis requires considering the effect of each incremental component, but there may be incentive-based reasons to allow bundling in some contexts, even when it incorporates elements that erode rather than add value. A variety of bundling-related puzzles are explored, including the implicit scenario bundling that occurs in tort law and the “loss of chance” doctrine that some courts have applied to address causation difficulties.Less
Chapter 12 shows that many legal and policy disputes boil down to disagreements about bundling—whether of precautions, property interests, behavior, regulations, or legislation. Because the power to bundle or unbundle can dramatically change results, battles over bundles are some of the most interesting and consequential disputes in law and policy. In tort law, for example, a precaution like a high cricket fence might appear worthwhile when considered as a unit, but when its height is disaggregated, some segments may cost more than they are worth. The same basic issue--elements subtracting value from a package that remains valuable as a whole--recurs in many contexts, from regulatory cost-benefit analysis to legislative logrolling. Marginal analysis requires considering the effect of each incremental component, but there may be incentive-based reasons to allow bundling in some contexts, even when it incorporates elements that erode rather than add value. A variety of bundling-related puzzles are explored, including the implicit scenario bundling that occurs in tort law and the “loss of chance” doctrine that some courts have applied to address causation difficulties.
Adil Ahmad Haque
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199687398
- eISBN:
- 9780191767180
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687398.001.0001
- Subject:
- Law, Comparative Law, Constitutional and Administrative Law
This book integrates legal analysis and moral philosophy. It seeks to defend, interpret, implement, and reform the law of armed conflict. It argues that the law of armed conflict should provide ...
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This book integrates legal analysis and moral philosophy. It seeks to defend, interpret, implement, and reform the law of armed conflict. It argues that the law of armed conflict should provide combatants with moral guidance, helping them to conform to their moral obligations as closely as possible. It presents the law of armed conflict as prohibitive rather than permissive, conferring limited immunities rather than broad privileges, and applying alongside human rights law as well as ordinary moral norms. It defends a broad interpretation of civilian immunity while advocating restraints on the use of force against combatants. It develops innovative approaches to target verification, indiscriminate weapons, proportionality, and precautions in attack. Notably, it proposes specific rules of engagement that operationalize complex legal and moral norms, thereby providing clearer guidance to combatants and greater protection to civilians. It argues that human shields‐including voluntary human shields‐generally retain their moral and legal protection. Finally, it argues that the Rome Statute of the International Criminal Court fails to prohibit and punish serious violations of the law of armed conflict and must be amended.Less
This book integrates legal analysis and moral philosophy. It seeks to defend, interpret, implement, and reform the law of armed conflict. It argues that the law of armed conflict should provide combatants with moral guidance, helping them to conform to their moral obligations as closely as possible. It presents the law of armed conflict as prohibitive rather than permissive, conferring limited immunities rather than broad privileges, and applying alongside human rights law as well as ordinary moral norms. It defends a broad interpretation of civilian immunity while advocating restraints on the use of force against combatants. It develops innovative approaches to target verification, indiscriminate weapons, proportionality, and precautions in attack. Notably, it proposes specific rules of engagement that operationalize complex legal and moral norms, thereby providing clearer guidance to combatants and greater protection to civilians. It argues that human shields‐including voluntary human shields‐generally retain their moral and legal protection. Finally, it argues that the Rome Statute of the International Criminal Court fails to prohibit and punish serious violations of the law of armed conflict and must be amended.
Amichai Cohen and David Zlotogorski
- Published in print:
- 2021
- Published Online:
- June 2021
- ISBN:
- 9780197556726
- eISBN:
- 9780197556757
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197556726.001.0001
- Subject:
- Law, Public International Law
The principle of proportionality is one of the cornerstones of International Humanitarian Law (IHL). Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack ...
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The principle of proportionality is one of the cornerstones of International Humanitarian Law (IHL). Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of this principle is vague. Almost every issue is in dispute—from the most elementary question of how to compare civilian harm and military advantage, to the possible obligation to employ accurate but expensive weapons. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes?Less
The principle of proportionality is one of the cornerstones of International Humanitarian Law (IHL). Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of this principle is vague. Almost every issue is in dispute—from the most elementary question of how to compare civilian harm and military advantage, to the possible obligation to employ accurate but expensive weapons. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes?
Monika Ambrus, Rosemary Rayfuse, and Wouter Werner (eds)
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780198795896
- eISBN:
- 9780191837074
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198795896.001.0001
- Subject:
- Law, Public International Law
Increasingly, international legal arrangements imagine future worlds, or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of ...
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Increasingly, international legal arrangements imagine future worlds, or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert knowledge and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualize, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across various functional fields in international law. It explores how the future is construed in these various functional fields; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk. The contributions in this book will provide readers with a sound basis for making comparisons between the practices developed in different international legal regimes.Less
Increasingly, international legal arrangements imagine future worlds, or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert knowledge and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualize, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across various functional fields in international law. It explores how the future is construed in these various functional fields; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk. The contributions in this book will provide readers with a sound basis for making comparisons between the practices developed in different international legal regimes.
Robert Mackay
- Published in print:
- 2003
- Published Online:
- July 2012
- ISBN:
- 9780719058936
- eISBN:
- 9781781700143
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719058936.003.0002
- Subject:
- History, Military History
For a decade or more a traumatized mankind was in denial about its historic complacency towards the use of war as an instrument of policy. Pacifism became a mass movement of international dimensions. ...
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For a decade or more a traumatized mankind was in denial about its historic complacency towards the use of war as an instrument of policy. Pacifism became a mass movement of international dimensions. The record seemed to confirm that in future all wars would involve a significant role for the air forces of the combatants. It also suggested that not only would civilian populations become prime targets but that the targeting would be successful. The various elements of potential disaffection and dissidence constituted a significant cause for official concern in the peace-threatening years from 1935 to the actual outbreak of war in 1939. Mass-Observation found that despite the rumours of war, the recurrent international crises and the visible evidence of Air Raid Precaution (ARP), there was only low expectation that war would come soon, or ever, and widespread cynicism about government information.Less
For a decade or more a traumatized mankind was in denial about its historic complacency towards the use of war as an instrument of policy. Pacifism became a mass movement of international dimensions. The record seemed to confirm that in future all wars would involve a significant role for the air forces of the combatants. It also suggested that not only would civilian populations become prime targets but that the targeting would be successful. The various elements of potential disaffection and dissidence constituted a significant cause for official concern in the peace-threatening years from 1935 to the actual outbreak of war in 1939. Mass-Observation found that despite the rumours of war, the recurrent international crises and the visible evidence of Air Raid Precaution (ARP), there was only low expectation that war would come soon, or ever, and widespread cynicism about government information.
Nicolas de Sadeleer
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780198844358
- eISBN:
- 9780191879890
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198844358.003.0006
- Subject:
- Law, Environmental and Energy Law, Public International Law
The conclusion highlights that the polluter-pays, preventive, and precautionary principles must be considered in terms of interaction rather than opposition, particularly since they are operationally ...
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The conclusion highlights that the polluter-pays, preventive, and precautionary principles must be considered in terms of interaction rather than opposition, particularly since they are operationally interdependent. Indeed, the precautionary principle calls for the presence of prevention, which in turn implies support for the polluter-pays principle. A preventive policy that would no longer be financed by the polluter-pays principle would be destined to fail. In addition, the conclusions of Part I highlight that the polluter-pays, preventative, and precautionary principles are well represented in positive law; they are helping to shape new legal instruments and adapt mechanisms, not necessarily specific to environmental law, intended to achieve protective ends.Less
The conclusion highlights that the polluter-pays, preventive, and precautionary principles must be considered in terms of interaction rather than opposition, particularly since they are operationally interdependent. Indeed, the precautionary principle calls for the presence of prevention, which in turn implies support for the polluter-pays principle. A preventive policy that would no longer be financed by the polluter-pays principle would be destined to fail. In addition, the conclusions of Part I highlight that the polluter-pays, preventative, and precautionary principles are well represented in positive law; they are helping to shape new legal instruments and adapt mechanisms, not necessarily specific to environmental law, intended to achieve protective ends.
Kwong Chi Man and Tsoi Yiu Lun
- Published in print:
- 2014
- Published Online:
- September 2015
- ISBN:
- 9789888208708
- eISBN:
- 9789888313457
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888208708.003.0007
- Subject:
- History, Military History
This chapter focuses on the war preparation of the Hong Kong Government between 1939 and 1941. Initially, the Hong Kong Government, led by Geoffrey Northcote, was not interested in preparing its ...
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This chapter focuses on the war preparation of the Hong Kong Government between 1939 and 1941. Initially, the Hong Kong Government, led by Geoffrey Northcote, was not interested in preparing its defence because of his conviction that the Colony would be easily destroyed by air raids. When he was away from the Colony from late 1940, however, many works were conducted by the acting governor, Lt. General Edward Felix Norton, to augment the civil defence of the Colony. Although the works were infested with corruption and wastage, they served their purpose during the coming Battle of Hong Kong in 1941.Less
This chapter focuses on the war preparation of the Hong Kong Government between 1939 and 1941. Initially, the Hong Kong Government, led by Geoffrey Northcote, was not interested in preparing its defence because of his conviction that the Colony would be easily destroyed by air raids. When he was away from the Colony from late 1940, however, many works were conducted by the acting governor, Lt. General Edward Felix Norton, to augment the civil defence of the Colony. Although the works were infested with corruption and wastage, they served their purpose during the coming Battle of Hong Kong in 1941.
Mark A. Bedau and Emily C. Parke
- Published in print:
- 2009
- Published Online:
- August 2013
- ISBN:
- 9780262012621
- eISBN:
- 9780262255301
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262012621.003.0001
- Subject:
- Biology, Bioethics
This book promotes an open and responsible process of evaluating the prospect of protocells. It can foster constructive reflection and discussion that will help stakeholders become informed and ...
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This book promotes an open and responsible process of evaluating the prospect of protocells. It can foster constructive reflection and discussion that will help stakeholders become informed and involved. The first section of this book treats risk, uncertainty, and precaution with protocells. The second section presents lessons from recent history and related technologies. The third section describes how society should approach ethical questions in a future with protocells. An overview of the chapters included in this book is given.Less
This book promotes an open and responsible process of evaluating the prospect of protocells. It can foster constructive reflection and discussion that will help stakeholders become informed and involved. The first section of this book treats risk, uncertainty, and precaution with protocells. The second section presents lessons from recent history and related technologies. The third section describes how society should approach ethical questions in a future with protocells. An overview of the chapters included in this book is given.
