The Precautionary Principle in General International Law: Combating the Babylonian Confusion

16(2) Review of European Community and International Environmental Law 185-195

Posted: 25 Jan 2015

See all articles by Arie Trouwborst

Arie Trouwborst

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

Date Written: 2007

Abstract

The purpose of this article is to contribute to the clarification of the legal scope of the precautionary principle. The primary focus is on general international law, so as to determine as accurately as possible what it is that ‘the’ precautionary principle entails. The legal development, status and implications of the principle pass in review. A definition is presented of a right and a duty of States to take precautionary action, which is deemed representative of the current state of customary international law. Several particularly controversial issues receive separate treatment, including the burden of proof, the role of uncertainty and the application of the precautionary principle to human health protection. Special attention is paid to the practical relevance of the various findings, which are placed in the context of recent developments.

Keywords: precautionary principle, environmental law, international law, customary international law

Suggested Citation

Trouwborst, Arie, The Precautionary Principle in General International Law: Combating the Babylonian Confusion (2007). 16(2) Review of European Community and International Environmental Law 185-195, Available at SSRN: https://ssrn.com/abstract=2554443

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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