i R I S K A N D T H E R E G U L AT I O N O F U N C E RTA I N T Y I N I N T E R N AT I O N A L L AW ii iii Risk and the Regulation of Uncertainty in International Law Edited by M Ó N I K A A M B RU S RO S E M A RY R AY F U S E WO U T E R W E R N E R iv Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © the several contributors 2017 The moral rights of the authorhave been asserted First Edition published in 2017 Impression: 1 All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2017934733 ISBN 978–0–19–879589–6 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work v Preface This book has its origins in a small ‘exploratory workshop’ which was held at the Faculty of Law at Lund University in May 2011 on ‘Imagining the Future Climate Regime’ At the time our interest revolved around the ‘clash of precautions’ evident in the international climate regime where the precautionary approach demands, on the one hand, that lack of scientific uncertainty as to the seriousness or irreversibility of damage from climate change should not prevent the taking of protective or mitigation measures while, on the other hand, simultaneously demanding that lack of seriousness or irreversibility of damage from these protective or mitigation measures themselves should not be used as an excuse to prevent their introduction We foresaw, and wanted to explore, the problem of responding to climate change by introducing mitigation measures despite uncertainty as to both their efficacy and their potential to cause serious or irreversible damage Although not sure where the topic would take us, we particularly had in mind the then emerging debates relating to global geoengineering as a mitigation strategy, as well as discussions relating to scientific uncertainty in decision-making more generally It quickly became apparent that there was much more to the topic than a climate change-centred focus would suggest Indeed, ‘imagining the future’ has become an important and influential part of international law in general, with international legal arrangements across the multiple regimes and sub-regimes of international law increasingly imagining future worlds, or creating space for experts to articulate how the future can be conceptualized and managed In short, science and technology have made it possible to imagine different possible futures in all areas of international law, be they in the form of promises, or threats, or of radical uncertainty Examination of the various imageries, vocabularies, expert knowledge, and rules developed within these different areas of international law seemed, at its core, a worthy pursuit, and one which might lay the groundwork for future comparisons between the values articulated and methodologies or practices developed in different international legal regimes for anticipating future regime stress and allocating preference for one imagined future over another In a second workshop held in 2013 at the Vrije Universiteit (VU) Amsterdam, a group of scholars from a range of substantive areas across international law mapped out the way forward for the more ambitious project which eventually became this book At a further workshop hosted by the Institute for Legal Studies at the Centre for Social Sciences of the Hungarian Academy of Sciences in October 2014, participants exchanged papers and ideas on the theme, which have now been transformed into the chapters of this book As is inevitable in a project of this breadth and ambition, not everyone who participated in the workshops was able, ultimately, to contribute to this book and not everyone who has contributed to this book was able to attend the workshops Thus, vi vi Preface in addition to thanking the authors represented here for their contributions and for their forbearance with the project, we would also like to thank the numerous other colleagues who, over the years, participated in and contributed to the project at various stages and in various ways Their contributions have been equally valuable in shaping the direction, contours, and content of this book In terms of institutional and financial support we are extremely grateful to the Law Faculty at Lund University for providing seed funding for this project and hosting the exploratory workshop from which this book arose Thanks are also due to the Law Faculty at VU Amsterdam and the Hungarian Institute for Legal Studies, and in particular, Dr Tamás Hoffmann, for kindly hosting our two main workshops We are also grateful for the financial support provided by the European Cooperation in Science and Technology (COST) programme, an intergovernmental framework aimed at facilitating the collaboration and networking of scientists and researchers at the European level COST is supported by the European Union Seventh Framework Programme (EUFP7) through a dedicated Coordination and Support Action (CSA) and is funded by the European Commission For more information on COST, see This volume was prepared within the context of COST Action IS1003 (International Law between Constitutionalisation and Fragmentation: The Role of Law in the Post-national Constellation) Finally we are grateful to Oxford University Press, and in particular to Nicole Leyland, for putting the publication of this book on track and to Emma Endean- Mills for seeing the publication through to fruition Mónika Ambrus, Rosemary Rayfuse, and Wouter Werner Groningen/Budapest, Sydney/Lund, and Amsterdam September 2016 vi Contents List of Tables Table of Cases Table of Treaties List of Abbreviations List of Contributors ix xi xv xxi xxiii PA RT I I N T RO D U C T I O N Risk and International Law Mónika Ambrus, Rosemary Rayfuse, and Wouter Werner PA RT I I R I S K A N D S E C U R I T Y Risk and the Use of Force Nicholas Tsagourias ‘It Could Probably Just as Well Be Otherwise’: Imageries of Cyberwar Wouter Werner and Lianne Boer Maritime Security Douglas Guilfoyle International Law and the Exploration and Use of Outer Space Steven Freeland 13 39 57 77 PA RT I I I R I S K A N D H U M A N P ROT E C T I O N The European Court of Human Rights as Governor of Risk Mónika Ambrus Imagining Future People in Biomedical Law: From Technological Utopias to Legal Dystopias within the Regulation of Human Genetic Modification Technologies Britta van Beers 99 117 PA RT I V R I S K A N D T H E E N V I RO N M E N T Prevention in International Environmental Law and the Anticipation of Risk(s): A Multifaceted Norm Leslie-Anne Duvic-Paoli Conceptions of Risk in an Institutional Context: Deep Seabed Mining and the International Seabed Authority Aline Jaeckel and Rosemary Rayfuse 141 161 vi viii Contents 10 Imagining Unimaginable Climate Futures in International Climate Change Law Jacqueline Peel 11 Catastrophic Climate Change, Precaution, and the Risk/Risk Dilemma Floor M Fleurke 177 197 PA RT V R I S K A N D E C O N O M I C P RO S P E R I T Y 12 The Assessment of Environmental Risks and the Regulation of Process and Production Methods (PPMs) in International Trade Law Andreas R Ziegler and David Sifonios 13 Risk, Responsibility, and Fairness in International Investment Law Azernoosh Bazrafkan and Alexia Herwig Author Index Index 219 237 257 271 ix List of Tables 6.1 Overview of the features of the Court’s risk dispositief relating to the specific public values 6.2 Overview of the factors influencing risk governance relating to the specific public values 111 111 264 264 Author Index Kiss, A Abuse of Rights, 147 Kläger, R Fair and Equitable Treatment: A Look at the Theoretical Underpinnings of Legitimacy and Fairness, 251, 252 Klein, N Maritime Security and the Law of the Sea, 57, 58, 60, 61, 64 Kleinheisterkamp, J Financial Responsibility in European International Investment Policy, 243n30 Investment Treaty Law and the Fear for Sovereignty: Transnational Challenges and Solutions, 243 Who is Afraid of Investor-State Arbitration? Unpacking the Riddle of ‘No Greater Rights’ in the TTIP, 243 van Klink, B et al (eds) Symbolic Legislation and the Developments in Biomedical Law, 136n82 Knight, FH Risk, Uncertainty and Profit, 102, 205 Knox, JH Human Rights Principles and Climate Change, 193 Koivurova, T Introduction to International Environmental Law, 149 Koivurova, T and Bastmeijer, CJ (eds) Theory and Practice of Transboundary Environmental Impact Assessment, 169 Koslow, JA, Gowlett-Holmes, K, Lowry, JK et al Seamount Benthic Macrofauna off Southern Tasmania: Community Structure and Impacts of Trawling, 165 Koutrakos, P and Skordas, A (eds) The Law and Practice of Piracy at Sea: European and International Perspectives, 72 Kraska, J International and Comparative Regulation of Private Maritime Security Companies Employed in Counter-piracy, 74 Kurzweil, R The Singularity is Near: When Humans Transcend Biology, 117 Lanphier, E, Urnov, F, Ehlen Haecker, S et al Don't Edit the Human Germline, 121, 125 Latham, R (ed) Bombs and Bandwidth: The emerging Relationship between IT and Security, 41n11 Latour, B Politiques de la Nature Comment Faire Entrer les Sciences en Démocratie, 137 Latour, B and Woolgar, S Laboratory Life: The Social Construction of Scientific Facts, 181n29 Lazarus, RJ Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future, 203 Le Gurun, G Environmental Impact Assessment and the International Seabed Authority, 169 Leake, J Freeze a Jolly Good Fellow: Three Oxford Dons are Paying to be Cryonically Preserved, 118n4 Leary, D, Vierros, M, Hamon, G et al Marine Genetic Resources: A Review of Scientific and Commercial Interest, 168 Lecourt, D Humain, Posthumain La Technique et la Vie, 118 Lee, RJ and Freeland, S The Crystallisation of General Assembly Space Declarations into Customary International Law, 82 Lehmann, J The Use of Force Against People Smugglers: Conflicts with Refugee Law and Human Rights Law, 71 Leslie, T et al Operation Sovereign Borders: The First Six Months, 66, 69 Listner, MJ The International Code of Conduct: Comments on Changes in the Latest Draft and Post- Mortem Thoughts, 94 Little, A What the Paris Agreement Means for Vulnerable Nations, 190 Lodge, MW Environmental Regulation of Deep, Seabed Mining, 170 Some Legal and Policy Considerations Relating to the Establishment of a Representative Network of Protected Area in the Clarion- Clipperton Zone, 171 Lowe, AV The International Seabed: A Legacy of Mistrust, 175 Lowe, V Clear and Present Danger: Responses to Terrorism, 21 Luard, E The Control of the Sea-Bed: A New International Issue, 161 Luff, D Le droit de l'Organisation mondiale du commerce, 221 Lyall, F and Larsen, PB Space Law: A Treatise, 84, 89 Lynn, WJ see also main index Defending the New Domain: The Pentagon's Cyberstrategy, 41, 43 265 Author Index MacIntyre, A After Virtue: A Study in Moral Theory, 130 MacIntyre, AD (ed) Life in the World's Oceans: Diversity, Distribution and Abundance, 163, 164 Magnuson, S U.S Forces Prepare for a ‘Day Without Space,’ 78 Mandel, GN and Thuo Gathii, J Cost-Benefit Analysis versus the Precautionary Principle: Beyond Cass Sunsteins Laws of Fear, 209 Marchant, GE and Mossman, KL Arbitrary and Capricious: The Precautionary Principle in the European Courts, 205 Marcuzzi, M La revendication des corps, 128n48 Massumi, B (ed) The Politics of Everyday Fear, 2 McAdam, J and Saul, B An Insecure Climate for Human Security? Climate-Induced Displacement and International Law, 193 McDougal, MS and Feliciano, FP Law and Minimum World Public Order: The Legal Regulation and International Coercion, 19 McKibben, W Earth: Making Life on a Tough New Planet, 195 The End of Nature, 180 Falling Short on Climate in Paris, 190–91 McKinnon, A Administrative Shortcomings and Their Legal Implications in the context of Safe Ports, 63 McNutt, MK, Abdalati, W, Caldeira, K et al Climate Intervention: Carbon Dioxide Removal and Reliable Sequestration, 199 Climate Intervention: Reflecting Sunlight to Cool Earth, 199 Meinshausen, M, Meinshausen, N, Hare, W et al Greenhouse-Gas Emission Targets for Limiting Global Warming to 2ºC, 182 Mengerink, KJ, van Dover, CL, Ardon, J et al A Call for Deep-Ocean Stewardship, 165 Meron, T Major Developments in International Law: A Conversation in the ICJ's Opinion in Bosnia and Herzegovina v Serbia and Montenegro, 30 Metz, B et al (eds) Climate Change 2007: Mitigation Contribution of Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, 182, 183 Millman, O James Hansen, Father of Climate Change Awareness, Calls Paris Talks ‘a Fraud,’ 190 265 Moran, D and Waldron, A The People in Arms: Military Myth and National Mobilization Since the French Revolution, 51 Moreno-Lax, V Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States' Obligations Accruing at Sea, 67, 68–69 Hirsi Jamaa and Others v Italy or the Strasbourg court versus Extraterritorial Migration Control?, 69, 70 Moreno-Lax, V and Papastavridis, E (eds) Boat Refugees and Migrants at Sea: Integrating Maritime Security with Human Rights, 61 Morga, CL, Odunton, NA, and Jones, AT Synthesis of Environmental Impact of Deep Seabed Mining, 165 Muchlinski, P The Framework of Investment Protection: The Content of BITs, 241 Trends in International Investment Agreements: Balancing Investor Rights and the Right to Regulate The Issue of National Security, 242 Munro, RD and Lammers, J (eds) Environmental Protection and Sustainable Development: Legal Principles and Recommendations Adopted by the Experts Group on Environmental Law of the World Commission on Environmental and Development, 146 Murphy, M Small Boats, Weak States, Dirty Money: Piracy and Maritime Terrorism in the Modern World, 60 Murray Roberts, J, Wheelers, AH, and Freiwald, A Reefs of the Deep: The Biology and Geology of Cold-Water Coral Ecosystems, 165 Musil, Robert The Man Without Qualities, 39 Nandan, SN, Lodge, MW, and Rosenne, S The Development of the Regime for Deep Seabed Mining, 162 Nollkaemper, A Rethinking States' Rights to Promote Extra- Territorial Environmental Values, 221 Nordquist, MH et al. (eds) Freedom of Navigation and Globalization, 58 Nussbaum, MC Hiding from Humanity: Disgust, Shame and the Law, 133 O'Connell, M Rules of Evidence for the Use of Force in International Law's New Era, 29 O'Donnell and Schmitt, MN (eds) Computer Network Attack and International Law, 47n45 26 266 Author Index Ogley, RC The Law of the Sea Draft Convention and the New International Economic Order, 161 O'Malley, P Governmentality and Risk, 112 Uncertain Governance and Resilient Subjects in the Risk Society, 99 Ortino, F Redefining the Content and Role of Investment ‘Rules’ and ‘Standard’: A New Approach to International Investment Treaty Making, 248 Osofsky, HM and Peel, J Energy Partisanship, 190 Proelss, A (ed) Protecting the Environment for Future Generations –Principles and Actors in International Environmental Law, 200 Pugel, TA International Economics, 222 Pachauri, RK and Meyer, LA (eds) Climate Change 2014: Synthesis Report, 199 Summary for Policymakers Palmer, G Guarding the Coast: Alien Migrant Interdiction Operations at Sea, 66 Paollilo, FH The Future Legal Regime of Seabed Resources and he NIEO: Some Issues, 161 Papastavridis, E Fortress Europe and FRONTEX: Within or Without International Law?, 68 The Interception of Vessels on the High Seas, 67 Parekh, S Resisting ‘Dull and Torpid’ assent: Returning to the Debate Over the Foundations of Human Rights, 71 Parsons, RJ The Fight to Save the Planet: U.S Armed Forces, ‘Greenkeeping,’ and Enforcement of the Law Pertaining to Environmental Protection During Armed Conflict, 87 Pauwelyn, J Recent Books on Trade and Environment: GATT Phantoms Still Haunt the WTO, 224 Payoyo, FB Cries of the Sea: World Inequality, Sustainable Development and the Common Heritage Humanity, 162 Perry, W and Carter, A Preventive Defense: A New Security Strategy for America, 19 Pielke, R Jr., Prins, G, and Rayner, S Climate Change 2007: Lifting the Taboo on Adaptation, 185 Pinker, S The Moral Imperative for Bioethics, 132 The Stupidity of Dignity: Conservative Bioethics Latest, Most Dangerous Ploy, 131 Posner, RA Catastrophe: Risk and Response, 202, 210 Radziejewska, T Meiobenthos in the Sub-Equatorial Pacific Abyss A Proxy in Anthropogenic Impact Evaluation, 164 Rajamani, L Ambition and Differentiation in the 2015 Paris Agreement: Interpretative Possibilities and Underlying Politics, 189 The Principle of Common but Differentiated Responsibility and the Balance of Commitments Under the Climate Regime, 184 Ramirez-Llodra, E, Brandt, A, Danovaro, R et al Deep, Diverse and Definitely Different: Unique Attributes of the World's Largest Ecosystem, 163, 165, 167 Rand, Ayn Atlas Shrugged, 118–19 Rao, R Genes and Spleens: Property, Contract or Privacy Rights in the Human Body?, 135 Rasmussen, MV The Risk Society at War: Terror, Technology and Strategy in the Twenty-First Century, 13, 15, 16, 17n25, 36 Rayfuse, R Biological Resources, 147 Precaution and Climate Change, 211, 213, 215 Precaution and the Protection of Marine Biodiversity in Areas Beyond National Jurisdiction, 168, 169, 200 Rayfuse, R and Scott, S (eds) International Law in the Era of Climate Change, 9, 155, 178, 194 Rayner, S and Malone, EL (eds) Human Choice and Climate Change Vol 1: The Societal Framework, 185 Redgwell, C Geoengineering the Climate: Technological Solutions to Mitigation –Failure or Continuing Carbon Addiction, 179 Regalado, A Engineering the Perfect Baby, 121 Quéneudec, J-P L'incidence de l'affaire du Torrey Canyon sur le droit de la mer, 143 Quigley, M Property in Human Biomaterials –Separating Persons and Things?, 135 267 Author Index Reynolds, JL Climate Engineering Field Research: The Favorable Setting of International Environmental Law, 212 The Regulation of Climate Engineering, 207 Reynolds, JL and Fleurke, FM Climate Engineering Research, 209, 210 Rid, T Cyber War Will Not Take Place, 44, 45, 54 Rogner, H-H and Zhou, D (eds) Introduction, 182 Roscini, M Cyber Operations and the Use of Force in International Law, 40, 46, 49, 54 Rose, N, O'Malley, P and Valverde, M Governmentality, 112 Rosenbaum, H Out of Our Depth –Mining the Ocean Floor in Papua New Guinea, 167 Rosenne, S The Law and Practice of the International Court, 1920–2005, 31 Ruiter, D Institutional Legal Facts, Legal Powers and their Effects, 44 Runnalls, D ‘Roasted, Toasted, Fried and Grilled’: Climate Change Talk from an Unlikely Source, 191 Salacuse, JW and Sullivan, NP Do BITs Really Work?: An Evaluation of Bilateral Investment Treaties and Their Grand Bargain, 238 Sample, I Scientists Genetically Modify Human Embryos in Controversial World First, 122 Sandel, M The Case Against Perfection: Ethics in the Age Genetic Engineering, 128, 133 Sands, P and Peel, J Principles of International Environmental Law, 178 Sankar, H Jurisdictional and Immunity Issues in the Story of Enrica Lexie: A Case of Shoot and Scoot Turns Around!, 74 Sassen, S Territory, Authority, Rights: From Medieval to Global Assemblages, 61, 64 Sauvant, KP (ed) Yearbook on International Investment Law & Policy 2008–2009, 242 Sauvant, KP and Sachs, LE (eds) The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties and Investment Flows, 237, 238, 241 Schefer, KN International Investment Law: Text, Cases and Materials, 246 267 Schill, SW Deference in Investment Treaty Arbitration: Re- conceptualizing the Standard of Review, 248 Enhancing International Investment Law's Legitimacy: Conceptual and Methodological Foundations of a New Public Law Approach, 245 Schill, SW (ed) International Investment Law Comparative Public Law, 243 Schmitt, MN International Law in Cyberspace: The Koh Speech and Tallinn Manual Juxtaposed, 46 Schmitt, MN (ed) Tallinn Manual on the International Law Applicable to Cyber Warfare, 39–40 (see also main index) Schoenbaum, TJ International Trade and Protection of the Environment: The Continuing Search for Reconciliation, 221, 224 Schofield, C and Warner, R Climate Change and the Oceans: Gauging the Legal and Policy Currents in the Asia Pacific Region, 212 Schwing, RC and Albers, WA (eds) Societal Risk Assessment: How Safe is Safe Enough?, 103 Scott, KN International Law in the Anthropocene: Responding to the Geoengineering Challenge, 199, 213 Sherpherd, J What Does the Paris Agreement Mean for Geo-Engineering?, 192 Shue, H and Rodin, D (eds) Preemption: Military Action and Moral Justification, 20 Shukman, D UK Seabed Resources Joins Deep-Ocean Mineral-Mining Rush, 167 Sifonios, D Environmental Process and Production Methods (PPMs) in WTO Law, 220, 227 Silver, DB Computer Network Attack as a Use of Force under Article 2(4) of the United Nations Charter, 47n45 Slovic, P The Perception of Risk, 59, 209 Slovic, P, Fischhoff, B and Lichtenstein, S Facts and Fears: Understanding Perceived Risk, 103 Slovic, P and Weber, EU Perception of Risk Posed by Extreme Events, 209 268 268 Author Index Smith, CR, Paterson, G, Lambshead, J et al Biodiversity, Species Ranges, and the Gene Flow in the Abyssal Pacific Nodule Province: Predicting and Managing the Impacts of Deep Seabed Mining, 173 Solis, GD The Law of Armed Conflict: International Humanitarian Law in War, 51 Solum, LB Presumptions and Transcendentalism: You Prove it! Why Should I?, 31 Somsen, H From Improvement Towards Enhancement: A Regenesis of Environmental Law at the Dawn of the Anthropocene, 202 The Regulatory Challenge of Biotechnology: Human Genetics, Food and Patents, 211 Towards a Law of the Mammoth? Climate Engineering in Contemporary EU Environmental Law, 213 When Regulators Mean Business: Regulation in the Shadow of Environmental Armageddon, 201, 209 Spears, SA Quest for Policy Space in New-Generation International Investment Agreements, 241, 243 Springer, A Towards a Meaningful Concept of Pollution in International Law, 149 Stern, N The Economics of Climate Change: The Stern Review, 201 Stevenson, DB The Burden that 9-11 Imposed on Seafarers, 64 Stiglitz, JE and Walsh CE Economics, 224 Stoullig, J-M Rumsfeld Commission Warns Against ‘Space Pearl Harbor,’ 93 Stoutenburg, JG Disappearing Island States in International Law, 155 Strachan, H Preemption and Prevention in Historical Perspective, 20 Strauss, AL From GATTzilla to the Green Giant: Winning the Environmental Battle for the Soul of the World Trade Organization, 224, 227 Sunstein, C Laws of Fear: Beyond the Precautionary Principle, 60, 75 Probability Neglect: Emotions, Worst Cases and Law, 208 Worst-Case Scenarios, 210 Swanson, L The Era of Cyber Warfare: Applying International Humanitarian Law to the 2008 Russian-Georgian Conflict, 40 Tarlock, D Ecosystems, 151 Tarzi, SM Multinational Corporations and American Foreign Policy: Radical, Sovereignty-at- Bay, and State-Centric Approaches, 61 Tedsen, E and Homann, G Implementing the Precautionary Principle for Climate Engineering, 211 Tennen, LI Evolution of the Planetary Protection Policy: Conflict of Science and Jurisprudence?, 86 Thiel, H Anthropogenic Impacts on the Deep Sea, 167 Thiel, H and Koslow, A (eds) Managing Risks to Biodiversity and the Environment on the High Sea, Including Tools Such as Marine Protected Areas: Scientific Requirements and Legal Aspects, 163 Thompson, M and Rayner, S Cultural Discourses, 185 Tickner, JA Precautionary Assessment: A Framework for Integrating Science, Uncertainty and Preventive Public Policy, 209, 210 Titi, C The Right to Regulate in International Investment Law, 241 Treblicock, MJ and Howse, R The Regulation of International Trade, 224 Trade Liberalization and Regulatory Diversity: Reconciling Competitive Markets and Competitive Politics, 222 Trouwborst, A Precautionary Rights and Duties, 200 Prevention, Precaution, Logic and Law: The Relationship between the Precautionary Principle and the Preventative Principle, 103 Tsagourias, N and White, N Collective Security: Theory, Law and Practice, 36 Tsamenyi, M and Ali, K-D African States and the Law of the Sea Convention: Have the Benefits Been Realized?, 62 Tyler, PA (ed) Ecosystems of the Deep Oceans, 167 van Aaken, A The International Investment Protection Regime through the Lens of Economic Theory, 241 269 Author Index van Asselt, M, Vos, E and Rooijackers, B Science, Knowledge and Uncertainty in the EU Risk Regulation, 204 van den Daele, W Legal Framework and Political Strategy in Dealing with the Risks of New Technology: The Two Faces of the Precautionary Principle, 211 van der Geest, K and Warner, K What the IPCC 5th Assessment Report Has to Say About Loss and Damage, 183 van Dover, CL Impacts of Anthropogenic Disturbances at Deep-Sea Hydrothermal Vent Ecosystems: A Review, 165 Mining Seafloor Massive Sulphides and Biodiversity: What is at Risk?, 163, 164, 166 Tighten Regulations on Deep-Sea Mining, 165 van Dover, CL, Smith, CR, Ardron J et al Environmental Management of Deep-Sea Chemosynthetic Ecosystems: Justification of and Considerations for a Spatially-Based Approach, 164, 174 van Harten, G Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law, 243 Vandevelde, KJ A Unified Theory of Fair and Equitable Treatment, 247 Vattel, E de Le Droit des Gens ou Principes de la Loi Naturelle, appliques a la Conduite et aux Affaires des Nations et des Souverains, 19n34, 31 Vaughan, A Images of London after Climate Change ‘are Lazy,’ Say Refugee Groups, 180 Verchick, RM Culture, Cognition and Climate, 190 Verheyen, R Climate Change Damage and International Law, 186 Vidal, John How a ‘Typo’ Nearly Derailed the Paris Climate Deal, 192 Viñuales, JE The Rio Declaration on Environment and Development: A Commentary, 142 Viñuales, JE (ed) The Rio Declaration on Environment and Development: A Commentary, 145 Vlek, CH A Precautionary-Principles Approach Towards Uncertain Risks: Review and Decision- Theoretic Elaboration, 206 269 von Schomberg, R The Precautionary Principle and Its Normative Challenges, 205 Vranes, E Trade and the Environment, 221 Waelde, TW Sustainable Development and the Energy Charter Treaty: Between Pseudo-Action and the Management of Environmental Investment Risk, 237 Waibel, M et al (eds) The Backlash Against Investment Arbitration, 241 Walker, WE, Harremoës, P, Rotmans, J et al Defining Uncertainty: A Conceptual Basis for Uncertainty Management in Model-Based Decision Support, 165 Wall, J The Legal Status of Body Parts: A Framework, 135 Wallace, DA and Reeves SR The Law of Armed Conflicts Wicked Problem: Levee en Masse in Cyber Warfare, 47, 51 Walton, D Burden of Proof, 31 Walzer, M Just and Unjust Wars: A Moral Argument with Historical Illustrations, 19 Warner, R Climate Change Mitigation Activities in the Ocean: Regulatory Frameworks and Implications, 212 Watson, RT, Albritton, DL, Barker, T et al (eds) Climate Change 2001: Synthesis Report A Contribution of Working Groups I, II, III to the Third Assessment Report of the Intergovernmental Panel on Climate Change, 178, 181 Waxman, MC Self-Defence and the Limits of WMD Intelligence, 27, 35 The Use of Force against States that Might Have Weapons of Mass Destruction, 23, 27, 33n120, 35 Weiler, JHH (ed) The EU, the WTO, and the NAFTA, 234 Weiss, F et al (eds) International Economic Law with a Human Face, 221, 237 Weller, M (ed) The Oxford Handbook of the Use of Force in International Law, 74 Wiener, JB and Stern, J Precaution Against Terrorism, 33 270 270 Author Index Williams, M, Mannix, H, Yarincik, K et al Scientific Results to Support the Sustainable Use and Conservation of Marine Life: A Summary of the Census of Marine Life for Decision Makers, 162, 167 Wilmshurst, E The Chatham House Principles of International Law on the Use of Force in Self-Defence, 21, 26 Worland, J World Approves Historic ‘Paris Agreement’ to Address Climate Change, 190 Yackee, JW Sacrificing Sovereignty: Bilateral Investment Treaties, International Arbitration and the Quest for Capital, 243 Yannaca-Small, K Improving the System of Investor-State Dispute Settlement, 244 Yoo, J Point of Attack: Preventive War, International Law and Global Welfare, 20n48 Zinn, JO (ed) Social Theories of Uncertainty and Risk: An Introduction, 112 271 Index 9/11 attacks see September 11th attacks Afghanistan, 2002 invasion, evidence supporting 30 Al-Qaeda 30 Amnesty International 113 Anderson, Kevin 195 Annan, Kofi 24 anticipatory self-defence 18–22 aims 23 burden of proof 31–36 evidence 26–29 international consensus 20 standard of proof 29–31 types of anticipatory defence 19 ASEAN Agreement on Transboundary Haze Pollution 149–50 asylum seekers see refugees Beck, Ulrich 204 see also author index Bio-Energy Carbon Capture and Storage (BECCS) 199 biomedical law 117–38 approaches to new technology 122–24 central provisions 122 genetic modification 125–29 emergence as new field 119 traditional approach to risk 125–26 dangers 122–23 future predictions 117–18 existential threat 127 human dignity 130–38 moral and ethical concerns 127–29 precautionary approach 125 risks of progress 125 biotechnology new ethical paradigm 124 risks to human health 125–26 climate change 198, 208 see also technology Biotechnology and the Ethical Imagination: A Global Summit (BEINGS 2015) 119–20 ethical concerns v progress 123 Blair, Tony on Iraq 29, 34 on risks of non-intervention 13, 35 Bush, George W 22 carbon-dioxide removal (CDR) 199 compared to solar radiation management 199–200 Census of Marine Life 174 China, People’s Republic of destruction of satellites 94 draft treaty on prevention of weapons in space 84n22 genetic modification 122 space defence policy 93 Clarion-Clipperton Zone 171–72 research in 173 climate change 177–96 adaptation 185–87, 214; definition 178n11 catastrophic risk scenarios 192, 197–215; precautionary principle 210–14 climate-related trade measures 233 developed countries leadership 184 discussion of risk 99 effects of 8, 177 evidence supporting 201 evolving futures 183–90 the future of the state 155–56 imagined futures 180–83 international law 8 loss and damage 187–88 management of risk 187 maritime security 57 mitigation: definition 178n10; domestic actions 183–84; treaties 184–85 mitigation v prevention 154, 194–95 models 201 global collaboration 177–78 non-climate focused institutions 194 population displacement 193 positive outlook 191 predicted catastrophes 179, 190–95 prevention 153 risk/risk dilemma 197 scientific consensus 178 technological solutions 199 temperature change targets 179, 181–82 ‘wicked problem’ 203, 213 see also environmental law; environmental risks; Paris Agreement to the United Nations Framework Convention on Climate Change climate engineering 199 risk/risk trade-offs 215 see also geo-engineering Code of Conduct for Outer Space Activities (CoC) 94, 94n66, 95 27 272 Cold War 77 space-related treaties 80 see also Cuban Missile Crisis common heritage principle 163 Convention on Biological Diversity 157–58 climate engineering 211 the precautionary principle 211 Council of Europe Convention of Human Rights and Biomedicine 120–21 preamble 122 CRISPR-Cas9 121 Cuban missile crisis 17–18 American evidence 27, 30 cyberwar 6, 37–56 cyber attack 50, 50n68 historical context 42 justification for use of force 49 levée en masse 51–54 the prohibition of the use of force 47–5 ‘real possibility’ 42–45 sceptics v believers 42–43 deep seabed mining 161–76 arguments for 166–67 associated risks 162–63 pollution 165 biodiversity 167–68 regulation 168–76 environmental impact 174 risks 163–68 threat to deep-sea ecosystems 164–65 Descartes, René 3 ecosystems deep sea 164–65; research on 174 definition 151n53 intrinsic value 157–58 scientific understanding 151, 167, 170 prevention of harm 150–51 protection of the planet 157 ‘tragedy of the commons’ 223–24 unknown or undiscovered 167 Einstein, Albert 43 environmental law anthropocentric nature 149, 156 anticipatory nature 152 approaches to risk definition of ‘environment’ 146 protecting ecosystems 151 evolution 219 the future of the state 155–56 holistic ‘ecosystem approach’ 157 pollution 211–12 PPMs 228 prevention and risk anticipation 141–59 regulation of deep seabed mining 168–76 regulatory impotence 202 emissions targets 198 shifting focus of prevention 157 Index space exploration 86–92; increased costs 91; lack of detail 92 state sovereignty 147 threat to state sovereignty 157 trade law 219–20 environmental risks assessment 219–36 deep seabed mining 162–63, 164–66; identification of 163–64 ECHR 109–11 exploitation of natural resources 147–48 GATT 226–27, 234–35 historical perspective 143–44 human health 149–50 the individual 156–57 pollution 148–49, 165 prevention and ecosystems 150–51 sea-level rise 155 Eritrea-Ethiopia Claims Commission 18 EU Security Strategy (2003) 20 European Court of Human Rights (ECtHR) 7 decisions on climate change 115 ‘form of knowledge’ 100–01 governor of risk 99–115 guardian of European Convention on Human Rights 100 irregular maritime migration 67, 69 right-to-life cases 112 ‘risk dispositief ’ 102–10 risk governance 111t6.2 risk of ill-treatment 106–07 risk to democratic values 107–09 risk to environment 109–11 risk to life 103–06 security apparatus 100 standard of proof 107 subjectives of risk governance 112–15 European Emissions Trading System 202 European Schengen Convention 65 European Space Agency (ESA) 87–88 European Union climate policy 202, 206n46 space defence policy 93 Exclusive Economic Zone (EEZ) 58 fair and equitable treatment (FET) breaches and awards 251–52 case law 254–55 definition 247 duty of tribunals 255 human rights 252–53 international investment agreements 241, 246–49; protection for foreign investors 246 liability 250 risk distribution 249–55 and systematic risks 250, 253–55 foreign direct investment (FDI) 250 host country’s development potential 250–51 273 Index 273 Foucault, Michel 7, 112 see also author index framing, in international law 8 French Congress on Accidents in the Workplace 4 2013 French White Paper on Defence and National Security 14, 15–16 FRONTEX Regulation 2014 67, 70–71 Operation Hera 67 human dignity 130–38 arguments against 134–35 arguments for 133–34 new interpretation in modern age 130 a social myth 131 threat of genetic engineering 129 Human Rights Watch (HRW) 113 Hungary, state sovereignty/environmental risk 155 Hussein, Saddam 33 General Agreement on Tariffs and Trade (GATT) 220 case law 225–35 environmental interests 231 free trade 230–31 future limitations 235 lack of transparency 234 objectives 229 opposition to PPMs 227n37 process and product methods (PPMs) 221, 225 threat to sovereignty 226–27 genetic modification 120–24 ban on editing human germline 125 clinical risks 125–26 cloning 131 of crops 198 dangers 125–29 ethical risks 127–29 ethics v progress 123–24 genetic predisposition 130–31 methods 121 precautionary legal approach 125 prohibited practices 123 rise of technology 120–22 threat to the species 126–27 geo-engineering 192–93, 195 Paris Agreement 189 possible risks 183 regulating legislation 212 see also climate engineering global warming see climate change globalization cross-border risks 13 irregular migration 66 maritime security 57 process and product methods 224 threat to sovereignty 61, 66 see also transnational security Goldsmith, Lord 22 Graham, Bill 33 Graves, Robert 180 Gulf War 14 as first space war 93 Illegal immigration see migration, irregular industrial development, environmental risks of 143–44 Industrial Revolution 200–01 Interagency Space Debris Coordination Committee (IADC) 89 Intergovernmental Panel on Climate Change (IPCC) 178 catastrophic change 210 funding estimates 192n109 projection procedures 181 risk assessments 180–81 solar radiation management 202 International Committee of the Red Cross (ICRC) 47 International Court of Justice (ICJ) 28 accepted evidence 26–27 burden of proof 32 imminence and prevention 152 nuclear weapons 141, 156–57 sovereignty of the state 155 space 83, 91 standard of proof 29 International Energy Agency (IEA) 195 international investment agreements (IIAs) 9, 237–56 case law 242, 246, 247, 248 differing approaches to risk 246 expropriation 245–46 fair and equitable treatment 239, 241, 246–49; definition 247; protection for foreign investors 246 host-state commitments 240–41 host-state regulatory measures 245–49 host-state right to regulate 241–44 investment protection 241–44 liability risk 238, 246, 248 Most-Favoured-Nation (MFN) clauses 239, 241 promise of development 251 promotion of foreign trade 237 purpose 249 risk management tool 239–44 source of legal risks 244–45, 251 strengthening of regulatory methods 251 types of risk involved 239–41 see also foreign direct investment International Labour Organization Convention on Seafarer Identification Documents 64 and seafarers 63 Hansen, James 190 Hartzell-Nichols, L 209 see also author index Hawking, Stephen on artificial intelligence 127 on future of artificial intelligence 117 274 274 Index international law climate change 8, 177–96 impact of future imaginings investment disputes 245–49 pre-emptive self-defence 20 regulating use of force 18 risk in functional fields 5–9 self-defence 18–19 uncertainty 3 see also environmental law; international trade law; treaty law International Law Commission Articles on the Prevention of Transboundary Harm from Hazardous Activities (Prevention Articles) 144, 146 emergencies and prevention 153 limitation 145 International Maritime Organization (IMO) 59 seafarers 63 shipowner guidelines 74, 74n124 International Monetary Fund (IMF) 191 International Seabed Authority 8, 168–76 aims 168 balance between mining and conservation 163, 171 creation of 168 Exploitation Regulations 171 Exploration Regulations 170 incremental approach to regulation 168–7 lack of resources 173 mandate to protect 169 Mining Code 169–70 environmental baselines 170, 72 Nodule Regulations 170–71 scientific advice 173–76 scientific research 169, 173 International Ship and Port Facility Security Code (ISPS Code) 60, 62–63 International Space Station (ISS) 88 International Telecommunications Satellite Consortium (Intelsat) 81, 81n9 international trade law 219–36 arguments for free trade 223–24 case law 225–235 climate-related trade measures 233 environmental policy 219, 228 future predictions 223–25 health 228 objectives of trade liberalization 232 public morality 228 see also General Agreement on Tariffs and Trade (GATT); World Trade Organization (WTO) Iraq, 2003 invasion 14, 22 anticipatory self-defence 21–22 discussion in the UN 32–33 evidence 27–29 Italy, and irregular maritime migration 67–70 Jonas, Hans on genetic modification 125, 129 on human dignity 132–33 on new technology 118, 120, 124 see also author index JPI Oceans Initiative 174 Karoly, David, Prof. 177 Kennedy, John Fitzgerald 17–18 Kurzweil, Raymond, artificial intelligence 117 see also author index Kuwait, Iraqi invasion of 14 Kyoto Protocol 1997 178, 179 burden of responsibility 184 mitigation 184–85 Lachs, Manfred, Judge 83 Lagarde, Christine 191 Law of the Sea Convention (LOSC) 58–59 enabling framework for power projection 76 space law 85 pollution 148–49 precautionary principle 169 seabed mining 162, 168 levée en masse combatant immunity and POW status 53 cyberwar 51–54 definition 47 origin and meaning of term 51–52 rights conferred on citizens 52 Libya, and irregular migration 67–68, 70 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 211–12 Lynn, William 41, 54 on cyberwar 42–43 see also author index Madoc-Jones, Didier 180 Manhattan Project 43 maritime law firearms law 74 future of the law of the sea 58–59 precautionary principle 59 sea pollution 148 shore leave 63–64 see also maritime security maritime security 6–7, 57–76 costs of securitization 58 due diligence 59 definition 57 risk assessment 57–58 seafarers 62–66; legal status 63–66 see also maritime law McKibben, Bill 180 on future of the planet 195 on Paris Agreement 190–91 see also author index Meyer, Christopher, Ambassador 33 275 Index MIDAS Project (Managing Impacts of Deep-seA reSource exploitation) 174 migration diaspora workers 61 irregular 66–72 maritime migration 58 immigration crisis 70–71 rights of seafarers 65 by sea 66–71 Mohamed Nasheed 190 Musk, Elon 118 2002 National Security Strategy of the United States of America (USNSS) on non-state actors 21 on ‘rogue states’ 16 natural disasters risk to life in ECHR 105, 112 natural resources, (prevention of) exploitation 147–48 New International Economic Order (NIEC) 58 deep seabed mining 161–62 non-governmental organizations (NGOs) regulation of deep sea mining 175 risk assessment agents 113 North Atlantic Treaty Organization (NATO) cyberwar 46 Strategic Concept 14 nuclear power 143–44 Obama, Barack 93 Operation EUNAVFOR MED 70–71 Operation Hera 67–68 outer-space and international law 77–96 application of rules governing warfare 94 due diligence 91–92 environmental law 86–92 environmental risks 86–92 increased costs and regulation 91 new legal regime 79–83 risks and ‘colonization’ 83–86 security risks and warfare 92–96 space debris guidelines 89–91 space regulation v aerospace regulation 83 weakness of regulation 93–94 Outer Space Treaty (OST) 80, 83 Article III 81 compared to LOSC 85 environment 87 rights to exploration 91 security risks and weapons in space 92–93 Pardo, Arvid, Dr 161, 162 Paris Agreement to the United Nations Framework Convention on Climate Change 153, 178 adoption 182 structure 179, 188 criticism of 190–91 275 developing nations 191–92 geo-engineering 189 global goals 188 holistic focus 188 human rights 193 integrated approach 194 liability and compensation 189 contributions 188, 198 precaution 207–08 risk/risk dilemma 197–98, 207 imagined futures 189 People’s Republic of China see China Pinker, Stephen 131–32, 134–35 see also author index piracy (maritime) 57, 72–76 counter-piracy paradigm 73 pirates as transnational actors 72 risk of hijacking 73 Somali piracy boom 72 see also terrorism Powell, Colin 27–28, 29 address to the UN 32–33 precaution 204–08 burden of proof 206 catastrophic climate change 210–14 EU climate policy 200 increased use 205 organizing tool 213 risk/risk trade-offs 208–10 uncertainty 215 precautionary principle development 4–5 international applicability uncertainty 5 prevention 141–59 complexity of principle 158 cornerstone of international environmental law 158 environmental risk anticipation 144–46 exploitation of resources 147–48 historical perspective 142–43 international legislation 153 limitations of international legislation 144–45 objects of 146–52 obligation to mitigate harm 154 potential addressees 155–59; individuals 156–57; the planet 157–58 response to environmental risks 142–46 risks of pollution 148–49 risks to ecosystems 150–51 risks to human health 149–50 risks to sovereignty 147 temporalities of 152–54; emergency 153; imminence 152–53; response 154 umbrella obligation 145–46 Private Armed Security firms 72–76 firearm laws 74 UK maritime security laws 75n129 use to combat piracy 73 276 276 Index process and product methods (PPMs) 8, 219–36 arguments for 224 barrier to trade 222 case law 225–35 controversy 220–23 debate on legality 223, 227–28 developing countries’ opposition to 223–24 GATT 225, 227n37 prohibitive measures 222–23 trade restrictions 219–20 REACH 206n46 Red Cross see International Committee of the Red Cross refugees, risk of ill-treatment 106–07 Responsibility to Protect (R2P) 25 Rice, Condoleezza 16n19 Rid, Thomas 41, 54 on cyberwar 44–45 see also author index Rio Declaration (Declaration of the United Nations Conference on Environment Development) 205–06 risk competing risks and free trade 233 concept of 15–18 international investment law 246 uncertainty 104 distribution and fairness 249–55 functional fields of international law 5–9 globalization 13 historical legal influence international investment law 239–41; to host state 245 legal definition 99 liability international investment 238, 248 natural v man-made 102–03 ‘no-fault’ risks 250 political risks in investment law 249 public v private 102–03 special nature in biolegal sphere 125 use of force 13–38 see also risk assessment; risk management; risk/risk trade-offs; security risks risk assessment 9 climate change 180–81, 181–82 GATT 234–35 and maritime security 57, 59–60, 62–63; differing approaches 75–76 precautionary principle 204 prevention of environmental harm 145 process and product methods 223 refugees and threat of ill-treatment 107 risk/risk trade-offs 235 ‘risk dispositief ’ 102–10 definition 101n10 ECHR 100–01 risk governance ECHR 99–115; factors influencing 111t6.2 general features 102–03 risk of ill-treatment 106–07 risk to democratic values 107–09 risk to environment 109–11 risk to life 103–06 subjectives 112–15 risk management 9 traditional limits 3–4 use of international investment agreements 239–44 risk-oriented decisions international security 15–18 processes and standards 22–26 prospective nature 17 risk/risk trade-offs 197–215 alternative climate solutions 200–03 complexity 200 increased prominence 197 precaution principle 208–10 risk assessment 235 sustainable development 230, 232 Roosevelt, Franklin Delano 43 Rumsfeld, Donald 93 Russian Federation approach to space defence 93 claims to sovereignty in space 85 conflict with Georgia (2008) 40n7 cyberwar 40n7 draft treaty on prevention of weapons in space 84n22 see also USSR Schmitt, Michael 46 scientific research and climate change 181 climate risk perception 190 deep-sea mining 173–75 dependence on third-party investment 118 geo-engineering 212–13 uncertainty v ignorance 205 security risks 13 compared to other risk types 16 institutional v unilateral process 23–26 national v international 17 non-state actors 21 risks v threats 15, 36 see also threats; transnational security self-defence see anticipatory self-defence September 11th attacks 14, 30 affect on international law 20, 36 affect on maritime security laws 60, 62 investigative commission 34 space law 93 Silver, Daniel 48 solar radiation management (SRM) 179, 192–93, 199 compared to carbon dioxide removal 199–200 27 Index IPCC 202 ‘termination problem’ 214 Somalia irregular migration from 68–69 piracy 72–76 UNSC resolutions 72 sovereignty the future of the state 155–56 globalization as threat to 61 prevention and risks to 147 threat from multilateral trade agreements 226–27 space exploration 77–96 definition of 83–84 demarcation of space 84n21 early history 77 international cooperation 93 militarization of 77–78 need for legal guidelines 79 sovereignty and space 85 space debris 87–91 space-going v non-space-going nations 78 and space-related weapons 95 see also outer-space and international law Sputnik I 77, 79, 83 Stevenson, Adlai 27 Stockholm Declaration 1972 86–87 on the future of the state 155 pollution 148–49, 150 on prevention 141, 143–44 sustainability definition of 230 objectives of sustainable development 232 World Trade Organization (WTO) 229–30 Tallinn Manual on the International Law Applicable to Cyber Warfare 39–40, 45–54 creation 40 on the non-intervention principle 47 on Nuclear Weapons 48 purpose 45–46 technology climate change 198 deep seabed mining 166 developments and law policy 213–14 evolution in the space-age 78 future of 117–18 human enhancement 119 legal regulation of 119 modern reliance on 78 removal of greenhouse gases 199 risk/risk scenarios 211 see also biotechnology technology options analysis (TOA) 209 territorial sea operations 67–68 terrorism maritime security risk 57, 60n12 transnational groups 61 277 see also piracy (maritime); September 11th attacks Thiel, Peter 118 threats security measures 15 definition of 15 existential threat to species 127 maritime security 57 irregular migration 71 see also security risks Torrey Canyon disaster 143 transnational security maritime security 61–62 militarization of space 92–96 piracy 72–76 vulnerable individuals 76 see also globalization treaty law climate change 183, 185; early legislation 194–95; mitigation 184–85, 191 fair and equitable treatment 253–54 human health 149 international investment agreements 247 investment 9 maritime patrol treaties 67 prevention of environmental harm 146, 148, 149 space and space exploration 80–81, 82–83, 83n20, 83n22, 86 see also international investment agreements (IIAs); international trade law uncertainty biomedical law 130 risk 3–4, 102 scientific 205, 213 UN Charter aim 18 anticipatory self-defence 18–19 Article 2(4): non-intervention principle 50–51; the Tallinn Manual 47–51; use of force 47–50 on conflicts and weapons in space 92 prohibition of use of force 47 space regulation 81 United Kingdom legalization of mitochondrial replacement 121 on Somali piracy 75 United Nations attempts to regulate space exploration 77–78 on militarization of space 92 United Nations Committee on the Peaceful Uses of Outer Space (UNCOPOUS) 79 Decision-making process 82–83 on demarcation of space 84 United Nations Educational, Scientific and Cultural Organization (UNESCO) on human genetic modification 129, 131 278 278 Index United Nations Environment Programme 180–81 United Nations Framework Convention on Climate Change (UNFCC) 178 Cancun Agreements 183 on emissions reduction 182 on precaution 206–07 the precautionary principle 207 United Nations Panel on Threats Challenges and Change 20 on decision to use force 22–23 on standard of proof 31 United Nations Security Council (UNSC) advantages 23 as decision maker 22–26 disadvantages 23 on irregular migration by sea 67, 71 United States of America (USA) claims to sovereignty in space 85 Customs Container Security Initiative 61–62 destruction of satellites 94 model BIT 254 national security post-9/11 19 space regulation 80 shore leave procedures 63–65 and space defence 93 Universal Declaration of Human Rights fair and equitable treatment and IIAs 254 on human dignity 130 USSR (Union of Socialist Soviet Republics) 27 early space exploration 77–78 space regulation 80 space colonization 83 see also Russian Federation Vienna Convention on the Law of Treaties (VCLT) 247 fair and equitable treatment 253–54 Warsaw International Mechanism 189 weapons of mass destruction (WMDs) 14 use of force 21–22, 27 World Meteorological Organization 180–181 World Trade Organization (WTO) 220 adoption 229 case law 225–35 on legality of PPMs 227–28 process and product methods 220 sustainable development 229–30, 232 voting procedures 234 ... legitimacy of international adjudication and legal designs in international water law Between 2010 and 2016 she was the managing editor of the Netherlands Yearbook of International Law, and the editor... interests are in the fields of international law and the use of force, international humanitarian law, and international criminal law He sits on the editorial board for the Journal of Conflict and Security... lecturer in public international law at the Department of Public International Law at the University of Groningen and as Assistant Professor at the Department of Public International Law at the Erasmus