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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, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 27 January 2022

Regulatory Coherence

Regulatory Coherence

Chapter:
(p.51) 3 Regulatory Coherence
Source:
Global Regulatory Standards in Environmental and Health Disputes
Author(s):

Caroline E. Foster

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810551.003.0003

Part II comprises two chapters, Chapter Three and Chapter Four. These chapters together investigate the decisions and advisory opinions of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and United Nations Convention on the Law of the Sea (UNCLOS) Annex VII tribunals, as well as other Permanent Court of Arbitration (PCA) cases. The courts and tribunals studied in these chapters make use of a broad range of interpretive methodologies in identifying emerging global regulatory standards, including reliance on the inbuilt logic of the regulatory schemes they are applying. The standards articulated make relatively minimal demands on domestic legal systems compared with more demanding standards that could have been developed. In this respect the standards appear to enhance traditional procedural justifications for international law’s claim to legitimate authority. Chapter Three focuses on tests for ‘regulatory coherence’.

Keywords:   International Court of Justice, United Nations Convention on the Law of the Sea, Permanent Court of Arbitration, regulatory coherence, capability, necessity, reasonableness

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