Rise and Shine: The No Harm Principle’s Increasing Relevance for the Global Community
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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Rise and Shine : The No Harm Principle’s Increasing Relevance for the Global Community. / Bäumler, Jelena.
The Global Community Yearbook of International Law and Jurisprudence 2017. ed. / Giuliana Ziccardi Capaldo. Oxford : Oxford University Press, 2018. p. 149-174.Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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TY - CHAP
T1 - Rise and Shine
T2 - The No Harm Principle’s Increasing Relevance for the Global Community
AU - Bäumler, Jelena
PY - 2018/11
Y1 - 2018/11
N2 - This article examines the concept, development and implementation of the no harm principle and its wider role in public international law. While generally acknowledged in international environmental law protecting other states from physical harm caused to their territory, in other areas of international law the principle is of increasing importance in order to find a balancing mechanism between colliding states’ interest in case of negative externalities caused by one state to the detriment of other states. The article traces implementations of the regulatory mechanism to focus on the adverse effect in other areas of public international law, ranging from trade and monetary agreements to invocation of the concept in current initiatives especially in the context of harmful tax competition and banking regulations. This will show the general capability to balance colliding states’ interest providing solutions for an increasingly interdependent world and giving meaning to the concept of a global community.
AB - This article examines the concept, development and implementation of the no harm principle and its wider role in public international law. While generally acknowledged in international environmental law protecting other states from physical harm caused to their territory, in other areas of international law the principle is of increasing importance in order to find a balancing mechanism between colliding states’ interest in case of negative externalities caused by one state to the detriment of other states. The article traces implementations of the regulatory mechanism to focus on the adverse effect in other areas of public international law, ranging from trade and monetary agreements to invocation of the concept in current initiatives especially in the context of harmful tax competition and banking regulations. This will show the general capability to balance colliding states’ interest providing solutions for an increasingly interdependent world and giving meaning to the concept of a global community.
KW - no harm principle
KW - international environmental law
KW - trade and finance law
KW - public international law
KW - sovereignty
KW - Law
U2 - 10.1093/oso/9780190923846.003.0007
DO - 10.1093/oso/9780190923846.003.0007
M3 - Contributions to collected editions/anthologies
SN - 9780190923846
SP - 149
EP - 174
BT - The Global Community Yearbook of International Law and Jurisprudence 2017
A2 - Capaldo, Giuliana Ziccardi
PB - Oxford University Press
CY - Oxford
ER -