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Risk and the Regulation of Uncertainty in International Law

Edited by:  Monika Ambrus, Rosemary; Werner Wouter Rayfuse

ISBN13: 9780198795896
Published: April 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £98.00

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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, 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.

Public International Law
1: Introduction, Monika Ambrus, Rosemary Rayfuse, and Wouter Werner

Part I: Risk in Relation to Security/Use of Force
2: Risk and the Use of Force, Nicholas Tsagourias
3: 'It Could Probably Just as Well be Otherwise': Imageries of cyberwar, Lianne Boer and Wouter Werner
4: Maritime Security and Risk, Douglas Guilfoyle
5: Risk, Uncertainty and the International Legal Regulation of Outer Space, Steven Freeland

Part II: Risk in Human Rights and Health Law
6: The Role of the European Court of Human Rights in Governing Risk, Mónika Ambrus
7: The Future Child: Risk and the Regulation of Biomedical Technologies, Britta Van Beers

Part III: Risk in International Environmental Law
8: Conceptualising Environmental Risk(s): The Expression of the Obligation of Prevention in International Environmental Law, Leslie-Anne Duvic-Paoli
9: Conceptions of Risk in an Institutional Context: Deep Seabed Mining and the International Seabed Authority, Aline Jaeckel and Rosemary Rayfuse
10: Imagining Unimaginable Climate Futures in International Climate Change Law, Jaqueline Peel
11: Catastrophic Climate Change, Precaution, and the Risk/Risk Dilemma, Floor Fleurke

Part IV: Risk in International Economic Law
12: The Assessment of Environmental Risk and the Regulation of Process and Production Methods (PPMs) in International Trade Law, Andreas Ziegler and David Sifonios
13: Risk and Responsibility in International Investment Law, Ms Azernoosh Bazrafkan and Alexia Herwig