THIRANGASATHIRAPrecautionaryPrinciple2010
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THIRANGASATHIRAPrecautionaryPrinciple2010
THE PRECAUTIONARY PRINCIPLE IN INTERNATIONALENVIRONMENTAL LAW (WITH A SPECIAL FOCUS ON THE MARINEENVIRONMENT OF THAILAND)URASEE THIRATANGSATHIRAPhD TH THIRANGASATHIRAPrecautionaryPrinciple2010HESISQUEEN MARYUNIVERSITY OF LONDON 2010©June 20101I hereby declare that the work presentedin (his thesis is my own work.Urasee IH1RATANGSATL1IRA2ABSTRACTAlthough rather recently-emerged principle in the history of international environmental law, arguably, the precautionary principle is more contro THIRANGASATHIRAPrecautionaryPrinciple2010versial than other principles. Many questions are still unanswered which make further examination of the precautionary principle necessary. In relatioTHIRANGASATHIRAPrecautionaryPrinciple2010
n to the Law of the Sea, the precautionary principle has been summoned to restrict various marine activities relating to marine pollution, fisheries, THE PRECAUTIONARY PRINCIPLE IN INTERNATIONALENVIRONMENTAL LAW (WITH A SPECIAL FOCUS ON THE MARINEENVIRONMENT OF THAILAND)URASEE THIRATANGSATHIRAPhD TH THIRANGASATHIRAPrecautionaryPrinciple2010 implementation of the precautionary principle in the Law of the Sea, with a particular focus on marine pollution, in order to find a relationship therein. The thesis begins with an introduction into the history and some basic importance of the precautionary principle under general international law THIRANGASATHIRAPrecautionaryPrinciple2010. It exemplifies the requirements for Slate practice as accepted custom, which would also be the applied standard for ultimately evaluating whether thTHIRANGASATHIRAPrecautionaryPrinciple2010
e precautionary principle has evolved into a rule of customary international law. Furthermore, in the subsequent part of the thesis, the implementatioTHE PRECAUTIONARY PRINCIPLE IN INTERNATIONALENVIRONMENTAL LAW (WITH A SPECIAL FOCUS ON THE MARINEENVIRONMENT OF THAILAND)URASEE THIRATANGSATHIRAPhD TH THIRANGASATHIRAPrecautionaryPrinciple2010gies (of Thailand, especially), which will paint numerous pictures of how the precautionary principle has been put into practice over the years. Finally, the main findings of these two parts are summarised.The study shows that despite its ambiguity, the precautionary principle has direct and primary THIRANGASATHIRAPrecautionaryPrinciple2010 relevance for environmental protection. It recognises a legal character in the concept further than legislative processes, and a flexibility of interTHIRANGASATHIRAPrecautionaryPrinciple2010
pretation within legal rules to boost environmental protection both at the international and national levels. A large number of publications on the prTHE PRECAUTIONARY PRINCIPLE IN INTERNATIONALENVIRONMENTAL LAW (WITH A SPECIAL FOCUS ON THE MARINEENVIRONMENT OF THAILAND)URASEE THIRATANGSATHIRAPhD TH THIRANGASATHIRAPrecautionaryPrinciple2010mes of this study will put certain things in order.3TABLE OF CONTENTSAcknowledgements...........................................8List of Abbreviations......................................9List of Cases.............................................13List of Treaties and International Instruments..... THIRANGASATHIRAPrecautionaryPrinciple2010.......16List of National Instruments..............................21A. Introduction(i)General Overview.................................22(ii)The PurpTHIRANGASATHIRAPrecautionaryPrinciple2010
ose of the Study.........................25(iii)Methodology......................................28PARTl^_niEJiiATyREJJ±EGALSTATyS_OFJli^_PRECAUTIONARTHE PRECAUTIONARY PRINCIPLE IN INTERNATIONALENVIRONMENTAL LAW (WITH A SPECIAL FOCUS ON THE MARINEENVIRONMENT OF THAILAND)URASEE THIRATANGSATHIRAPhD TH THIRANGASATHIRAPrecautionaryPrinciple2010....30Precautionary Principle V Precautionary Approach..........36The Precautionary Principle, Science and Uncertainty......44The Relationship between the Precautionary Principle THIRANGASATHIRAPrecautionaryPrinciple2010THE PRECAUTIONARY PRINCIPLE IN INTERNATIONALENVIRONMENTAL LAW (WITH A SPECIAL FOCUS ON THE MARINEENVIRONMENT OF THAILAND)URASEE THIRATANGSATHIRAPhD THGọi ngay
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