Global Risks and International Law

Sarah Cassella, Ph.D. (2009), is Professor of International Law at Université Paris Cité. She has published a monograph and many articles and has edited several books on the topics of international responsibility, situations of exception, and environmental and health risks.

• AcknowledgmentsAbbreviationsIntroduction1 Origins of the Study2 Purpose of the Book3 Structure of the Book1 International Legal Concept of Global Risk1 Introduction2 The Background: What Is New?2.1 The Origins of Studies on Global Risks2.2 Global Risks in Social Sciences3 Elements of a Legal Definition of Global Risks3.1 Defining Features Related to the Origins of Global Risks3.2 Defining Features Related to the Potential Effects of Global Risks4 Relationship between the Risks of Climate Change and Pandemics4.1 Cross Influences4.2 Legal Means of Coordination in the Fight against the Two Risks4.3 Beginnings of Integration of the Two Risks: The Right to a Healthy and Sustainable Environment5 Conclusions2 The Role of International Law in Dealing with Global Risks1 Introduction2 Fragmentation of Legal Regimes Dealing with Global Risks2.1 The Complex Implementation of Legal Regimes Aiming at Preventing Global Risks2.2 Interactions with Other International Legal Regimes2.3 The Shortcomings of the Rationale of Exception3 The Integration Principle and the Links Created through Mainstreaming3.1 The Integration Principle and Global Risks3.2 Mainstreaming Global Risks at the International Level3.3 Mainstreaming Global Risks at the Domestic Level3.4 Integration between Global Risks4 The Central Function of due Diligence Standards4.1 Due Diligence Obligations in the Context of Global Risks4.2 Determination of due Diligence Standards through the Interaction of International Legal Regimes4.3 Implementation of due Diligence Standards through the Complementarity of International and Domestic Norms4.4 In search of due Diligence Standards for International Organisations5 Conclusions of the Chapter3 Responsibilities for Global Risks1 Introduction2 The Limits of International Regimes of Responsibility2.1 Multiplicity and Type of Damage Caused by Global Risks and Reparation2.2 Complex Causality2.3 Joint and Several Liability2.4 Relationship between the Liability of International Organisations and the Liability of Member States3 Responsibility for Global Risks Based on Violations of Human Rights3.1 Responsibility for the Pandemic Risk Directly Related to the Right to Health3.2 Responsibility for Climate Change Indirectly Related to Several Human Rights4 State Responsibility for the Breach of International Norms on Global Risks before Domestic Courts4.1 Contribution to the Effectiveness of Primary Obligations of States4.2 Contribution to the Effectiveness of Secondary Obligations of States5 Towards a Common Regime of Responsibility for Global Risks5.1 From the Internationally Wrongful Act to the Link with Global Risks5.2 From Certain to Potential Harm5.3 From Reparation to Anticipation6 Conclusions of the Chapter4 Looking Forward, the Paths of Solidarity1 Introduction2 Climate and Health as Global Public Goods2.1 Global Public Goods and International Law2.2 Climate and Public Health as Common Concerns of Humankind2.3 Possible Consequences of the Turn towards Global Public Goods3 Mutual Supportiveness3.1 Origins of the Notion of Mutual Supportiveness3.2 Current Implementation in the Context of Global Risks3.3 Future Perspectives of the Role of Mutual Supportiveness in Relation to Global Risks4 The Emerging Principle of Solidarity and Global Risks4.1 References to Solidarity in Relation to Global Risks4.2 Effects of Solidarity in the Fight against Global Risks5 Conclusion of the ChapterGeneral ConclusionBibliographyTable of CasesIndex