Remove Government Remove Law Remove Precautionary Principle
article thumbnail

Earth system tipping events now seem inevitable – what does this mean for climate governance?

Legal Planet

Figure 1 from Milkoreit et al : A multi-phase framework for Earth System Tipping Point Governance Novel governance challenges Tipping processes present novel and serious governance challenges. Rather we need new interdisciplinary research programs focused specifically on tipping-point governance.

article thumbnail

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

Law and Environment

Two developments this week got me thinking about how our government deals – or fails to deal – with risk. At the same time, the “precautionary principle” is not a sound basis for regulations. In a more pithy op-ed context , Sunstein called the precautionary principle “deeply incoherent.”.

Insiders

Sign Up for our Newsletter

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

article thumbnail

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

Enviromental Defense

Lawyers for the corporate coalition and Dow Chemical, who are fighting the federal government and, by association, the environment and all living things, tried to argue all week that there’s not enough evidence that plastic items are toxic to the environment. But they had two quibbles. Yes, our products kill turtles. Shocked silence].

article thumbnail

Environmental Law: Government and Public Policy Towards the Environment

Environmental Science

What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework. Sponsored Content.

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

The Rights of Nature — Can an Ecosystem Bear Legal Rights?

Law Columbia

According to the “Rights of Nature” doctrine, an ecosystem is entitled to legal personhood status and as such, has the right to defend itself in a court of law against harms, including environmental degradation caused by a specific development project or even by climate change. What countries have declared rights of nature?

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.