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Global Regulatory Standards in Environmental and Health DisputesRegulatory Coherence, Due Regard, and Due Diligence$
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Caroline E. Foster

Print publication date: 2021

Print ISBN-13: 9780198810551

Published to Oxford Scholarship Online: August 2021

DOI: 10.1093/oso/9780198810551.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 January 2022

Introducing Regulatory Standards

Introducing Regulatory Standards

(p.19) 2 Introducing Regulatory Standards
Global Regulatory Standards in Environmental and Health Disputes

Caroline E. Foster

Oxford University Press

The three global regulatory standards seen in the disputes studied in this book comprise: a regulatory coherence standard calling for certain relationships between regulatory measures and their purposes, a standard requiring that a regulating State has demonstrated due regard for the interests of other States, and a standard requiring the exercise of due diligence in the exercise of States’ obligations to prevent transboundary harm. These three core regulatory standards consistently characterise the environmental and health disputes in this book, and they appear to be gaining status as global regulatory standards for the future. The appearance of regulatory standards is best understood as an aspect of the functioning of the plural world legal order rather than as a constitutionalisation of this order in a stronger sense. Theories of legitimate authority in plural legal orders cast valuable light on the legitimacy of the emerging standards-enriched international law.

Keywords:   global administrative law, treaty negotiation, rules and standards, proportionality, reasonableness, rationality, abuse of rights, pluralism, constitutionalism, legitimate authority

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