The Judicial Development of the Precautionary Principle

Brian J Preston, ‘The Judicial Development of the Precautionary Principle’ (2018) 35 Environmental and Planning Law Journal 123

19 Pages Posted: 14 Dec 2018

See all articles by Brian Preston

Brian Preston

Land and Environment Court of New South Wales; The University of Sydney Law School; Western Sydney University, School of Law

Date Written: March 1, 2018

Abstract

The precautionary principle is the best known and most commonly applied of the principles of ecologically sustainable development (ESD). Nevertheless, the meaning and application of the principle still remains elusive. Courts around the world, through their decisions, have started to develop a body of jurisprudence on ESD and its principles, particularly the precautionary principle. This article summarises how the courts have interpreted and applied the precautionary principle.

Note: This article was first published by Thomson Reuters in the Environmental and Planning Law Journal and should be cited as ‘Brian J Preston, The Judicial Development of the Precautionary Principle (2018) 35 Environmental and Planning Law Journal 123’.

The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.

This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au

Keywords: ecologically sustainable development, precautionary principle

JEL Classification: K32

Suggested Citation

Preston, Brian, The Judicial Development of the Precautionary Principle (March 1, 2018). Brian J Preston, ‘The Judicial Development of the Precautionary Principle’ (2018) 35 Environmental and Planning Law Journal 123, Available at SSRN: https://ssrn.com/abstract=3284899

Brian Preston (Contact Author)

Land and Environment Court of New South Wales ( email )

225 Macquarie Street
Sydney NSW, 2000
Australia

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Western Sydney University, School of Law ( email )

Locked Bag 1797
Penrith, NSW 2751
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
328
Abstract Views
737
Rank
140,383
PlumX Metrics