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International Law and Sustainable DevelopmentPast Achievements and Future Challenges$
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Alan Boyle and David Freestone

Print publication date: 1999

Print ISBN-13: 9780198298076

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298076.001.0001

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International Fisheries Law since Rio: The Continued Rise of the Precautionary Principle

International Fisheries Law since Rio: The Continued Rise of the Precautionary Principle

Chapter:
(p.135) 7 International Fisheries Law since Rio: The Continued Rise of the Precautionary Principle
Source:
International Law and Sustainable Development
Author(s):

David Freestone

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298076.003.0007

The emergence of the precautionary principle in international environmental policy has been one of the most remarkable developments of the last decade, and arguably one of the most significant in the emergence of the new discipline of environmental law itself. This chapter reviews the evolution of the precautionary principle and examines the way in which the principle was reflected in the instruments to emerge from the 1992 UN Conference on Environment and Development. It addresses the way in which it has been incorporated into marine environmental regimes since then, using as an extended example the 1995 UN Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks, which specifically requires the use of environmental concerns, including the precautionary approach in the management of straddling and highly migratory fish stocks.

Keywords:   precautionary principle, international environmental policy, international law, marine environment, fish stocks

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