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Global Regulatory Standards in Environmental and Health Disputes – Regulatory Coherence, Due Regard, and Due Diligence - Oxford Scholarship Online
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Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence

Caroline E. Foster

Abstract

Potentially global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and inferring ... More

Keywords: environment and health, global administrative law, constitutionalism, pluralism, legitimacy, authority, fragmentation, standard of review, deference, proportionality

Bibliographic Information

Print publication date: 2021 Print ISBN-13: 9780198810551
Published to Oxford Scholarship Online: August 2021 DOI:10.1093/oso/9780198810551.001.0001

Authors

Affiliations are at time of print publication.

Caroline E. Foster, author
Associate Professor, Faculty of Law, University of Auckland

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