The Precautionary Principle - International Law and Climate Change

Tesis de Máster , 2006 , 48 Páginas , Calificación: merit

Ciencias ambientales

The precautionary principle is an old concept with a new character. Threats of harm, since the early days of civilization, were confronted by taking some form of precaution. Throughout history, the concept of precaution provided humans with the moral right to avoid potential harm or damage to his health and his environment despite lack of certainty of its occurrence. Today, the precautionary principle is a common legal concept in national and international regulatory policies. In a nutshell, it means that if there is threat or risk of serious or irreversible damage to human health or the environment, precautionary actions must be taken even though there is lack of full certainty surrounding the issue. This paper looks at the concept of precaution in the framework of international law.

The precautionary principle is particularly applied in the current global effort to address climate change. Despite many uncertainties about the science and impacts of the global warming phenomenon, leaders of the global community, adopted the precautionary principle, instead of the traditional reactive wait-and-see approach, in the climate regime. Although criticized by many for its shortcomings and its marginal position in the practical sense, this paper looks at the legal validity of the precautionary principle based on its sources, rather than its merits. In other words, this thesis looks at the concept of precaution and examines it in the lens of the contemporary international legal system. The first part of this thesis endeavours to understand better the precautionary principle under international conventional law. Influenced by systems approach, this paper particularly analyzed the principle’s relevance with the climate change issue. Guided by the legal positivist approach, the first part argues that the precautionary principle is a significant doctrine in international conventional law. The thesis also examines the precautionary principle in the context of international customary law.

Keywords: precautionary principle, climate change, treaties, uncertainty, customary international law

Inhaltsverzeichnis (Table of Contents)

• Abstract
• Chapter 1
  • Introduction
  • Scope and Research Objectives
  • Conceptual Framework, Method and Materials
  • Limitations of the Study
  • Literature Review
• Chapter 2
  • Climate Change: The reality of a warming planet
  • The Tragedy of the Global Commons
  • The Science of Climate Change
    • Historical Development
    • Consensus Building
    • Consolidation of Expert Knowledge
    • The Road to New York
  • Establishment of a Global Climate Regime
• Chapter 3
  • The Precautionary Principle
  • Introduction
  • The Origin of the Precautionary Principle
  • Historical Development
  • The Precautionary Principle under Climate Change Regime
  • Different Formulations of Precaution
  • Criteria for Precautionary Action
  • Issues and Defences
  • Analysis of the Definition of Precautionary Principle under International Law
  • Standard of Proof
• Chapter 4
  • The Precautionary Principle and Climate Change
  • Uncertainty factor
  • The Precautionary Approach to global warming
  • Wait-and-see Approach
  • Impacts of Global Warming
  • The Role of Global Community
• Chapter 5
  • The Precautionary Principle and International Law
  • Introduction
  • Sources of international Law
  • Customary International Law
  • Definition and Elements of International Custom
  • Analysis of the Precautionary Principle as Custom
• Chapter 6
  • Conclusions
• References
• Table of Cases
• Table of Treaties and Declarations
• Other documents
• Interviews/Email Correspondence

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis explores the relevance of the precautionary principle in international law, particularly in the context of climate change. The study aims to examine the legal validity of the principle, analyze its historical development and different formulations, and assess its application in the global effort to address climate change.

• The Precautionary Principle in International Law
• Climate Change and Global Warming
• The Legal Validity of the Precautionary Principle
• The Application of the Precautionary Principle in the Climate Regime
• The Relationship between Uncertainty and the Precautionary Principle

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 introduces the thesis, outlining its scope, objectives, and the methodological approach. The chapter also reviews relevant literature on the precautionary principle and climate change.

Chapter 2 provides an overview of climate change, discussing the scientific evidence, the historical development of the global climate regime, and the ongoing debate surrounding the phenomenon.

Chapter 3 delves into the concept of the precautionary principle, examining its origin, historical development, different formulations, and the criteria for precautionary action.

Chapter 4 specifically focuses on the application of the precautionary principle to climate change, addressing the uncertainty factor and contrasting the precautionary approach with the wait-and-see approach.

Chapter 5 explores the legal basis for the precautionary principle, examining its roots in international customary law and analyzing its application in various international legal frameworks.

Schlüsselwörter (Keywords)

This thesis focuses on the precautionary principle as a crucial legal concept in international law, especially in the context of climate change. Key terms and themes include the precautionary principle, climate change, international law, customary international law, treaties, uncertainty, and global warming.

• Universidad: Lund University (LUMES)
• Calificación: merit
• Autor: Atty. Rabbi Deloso (Autor)
• Año de publicación: 2006
• Páginas: 48
• No. de catálogo: V183852
• ISBN (Ebook): 9783656083979
• ISBN (Libro): 9783656083900
• Idioma: Inglés
• Etiqueta: precautionary, principle, international, climate, change