Risk and the Regulation of Uncertainty in International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 April 2017
- ISBN 9780198795896
- Binding Hardback
- No. of pages304 pages
- Size 240x179x26 mm
- Weight 620 g
- Language English 0
Categories
Short description:
International law is a system of rules and principles that regulates behaviour between international actors in the present, but is based on what is expected to happen in the future. This book explores how risk and uncertainty are imagined, articulated, and managed across the various fields of international law.
MoreLong description:
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, conceptualise, 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 the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; 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.
Table of Contents:
Introduction
Part I: Risk in Relation to Security/Use of Force
Risk and the Use of Force
'It Could Probably Just as Well be Otherwise': Imageries of cyberwar
Maritime Security and Risk
Risk, Uncertainty and the International Legal Regulation of Outer Space
Part II: Risk in Human Rights and Health Law
The Role of the European Court of Human Rights in Governing Risk
The Future Child: Risk and the Regulation of Biomedical Technologies
Part III: Risk in International Environmental Law
Conceptualising Environmental Risk(s): The Expression of the Obligation of Prevention in International Environmental Law
Conceptions of Risk in an Institutional Context: Deep Seabed Mining and the International Seabed Authority
Imagining Unimaginable Climate Futures in International Climate Change Law
Catastrophic Climate Change, Precaution, and the Risk/Risk Dilemma
Part IV: Risk in International Economic Law
The Assessment of Environmental Risk and the Regulation of Process and Production Methods (PPMs) in International Trade Law
Risk and Responsibility in International Investment Law
