Risk and the Regulation of Uncertainty in International Law

Author:

Ambrus Monika,Rayfuse Rosemary,Werner Wouter

Abstract

Increasingly, international legal arrangements imagine future worlds, or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert knowledge and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualize, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across various functional fields in international law. It explores how the future is construed in these various functional fields; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk. The contributions in this book will provide readers with a sound basis for making comparisons between the practices developed in different international legal regimes.

Publisher

Oxford University Press

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