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The Role of International Law in the Promotion of the Precautionary Principle.

Abstract : The precautionary principle is certainly one of the most fundamental of international environmental law. Symbolic of a "technical democracy", this principle has been one of the cornerstones of the Rio Declaration. Its proclamation was then the starting point of a broad and rapid development of the principle –or the approach– of precaution which today underlies many legal systems. Little by little, international courts have, by a constructive dialogue, gradually highlighted the precautionary principle, whether its authority or its contents and its implications. Its complex and composite nature continues to be a challenge. But in nowadays societies, characterized by a constant technical innovation, its introduction in positive law seems quite irresistible. Judges are expected to play an important role in the development of this "open textured" standard. In such a context, the dialogue –or at least the benevolence– between judges including between international, European and domestic judges, may still be helpful, and could contribute to feed and stabilize the case-law.
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Submitted on : Friday, November 1, 2019 - 11:48:00 AM
Last modification on : Monday, November 7, 2022 - 5:24:33 PM
Long-term archiving on: : Sunday, February 2, 2020 - 12:31:21 PM


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  • HAL Id : halshs-02342746, version 1


Yann Kerbrat, Sandrine Maljean-Dubois. The Role of International Law in the Promotion of the Precautionary Principle.. Carina Costa de Oliveira, Gabriela G. B. Lima Moraes, Fabrício Ramos Ferreira (dir.), A interpretação do princípio da precaução no direito brasileiro, no direito comparado e no direito internacional, Pontes, pp. 275-284, 2019. ⟨halshs-02342746⟩



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