A Comparative Study of “Precautionary Principle” in Opinions and Decisions of Internationals Tribunals

• Main Author: Mohammad Hossein Ramazani Ghavam Abadi
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2013-10-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: Precautionary principle; international court of justice; International Tribunal for the Law of the Sea; World Trade Organization; Environment
• Online Access: http://qjpl.atu.ac.ir/article_2327_7e0d05a46341110eac26eb2620688b0e.pdf

Precautionary principle is one of the pivotal principles in the realm of International Environmental law. For insuring sufficient protection of the environment, the Precautionary Approach requires states to take comprehensive precautionary measures in line with their affordable capabilities. Lack of ready access to definitive scientific facts and figures, where there are threats of serious or irreversible damages, certainty may not lay the foundation for evading effective measures be taken as to safeguard environmental against degradation. Although many international environmental instruments have made reference to the principle, it is not well respected and adequately adhered to by international tribunals. This paper seeks to examine the legal validity of this principle before such tribunals.