The Role of International Law in the Promotion of the Precautionary Principle. - HAL-SHS - Sciences de l'Homme et de la Société Access content directly
Book Sections Year : 2019

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.

Domains

Law
Fichier principal
Vignette du fichier
PrecautionaryPrinciple_Carina.pdf (190.07 Ko) Télécharger le fichier
Origin Files produced by the author(s)
Loading...

Dates and versions

halshs-02342746 , version 1 (01-11-2019)

Identifiers

  • HAL Id : halshs-02342746 , version 1

Cite

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⟩
295 View
1701 Download

Share

Gmail Mastodon Facebook X LinkedIn More