Prevention, Precaution, Logic and Law: The Relationship between the Precautionary Principle and the Preventative Principle in International Law and Associated Questions

23 Pages Posted: 2 Nov 2009

See all articles by Arie Trouwborst

Arie Trouwborst

Tilburg University - Department of European & International Public Law; Tilburg Sustainability Center

Date Written: November 2, 2009

Abstract

The main purpose of this article is to promote clarification of the relationship between the precautionary principle and the prevent(at)ive principle in public international law. One of the questions addressed in this connection is whether the presence of uncertainty is a condition for the applicability of the precautionary principle. The article stresses and discusses the distinction between preventative and precautionary logic on the one hand and the corresponding legal principles on the other hand. It concludes, among other things, that in the international law of the environment the precautionary principle must be regarded as having absorbed the preventative principle or, alternatively, as being its most developed form. The widespread endorsement of the precautionary principle has thus made the continued existence of a separate preventative principle in international law superfluous.

Keywords: precautionary principle, preventative principle in international law

Suggested Citation

Trouwborst, Arie, Prevention, Precaution, Logic and Law: The Relationship between the Precautionary Principle and the Preventative Principle in International Law and Associated Questions (November 2, 2009). Erasmus Law Review, Vol. 2, No. 2, 2009, Available at SSRN: https://ssrn.com/abstract=1498430

Arie Trouwborst (Contact Author)

Tilburg University - Department of European & International Public Law ( email )

Tilburg, 5000 LE
Netherlands

Tilburg Sustainability Center ( email )

P.O. Box 90153
Tilburg, North Brabant 5000 LE
Netherlands

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