The In Dubio Pro Natura Principle: An Attempt of A Comprehensive Legal Reconstruction

33 Pages Posted: 5 Jan 2023

See all articles by Serena Baldin

Serena Baldin

University of Trieste

Sara De Vido

Ca' Foscarri University

Date Written: December 28, 2022

Abstract

The purpose of this Article is to propose a fresh look at the origin and the legal nature of the in dubio pro natura principle in international and comparative law perspectives. The Article will demonstrate that the principle in dubio pro natura must be distinguished from the precautionary principle and will show the evolving practice at national level. This practice is particularly significant because it locates the debate in the more general attitude of certain States to protect and put nature at the core of the legal reasoning. From this standpoint, it would also be possible to trace global developmental trends by observing the use of the related legal formants. Moreover, the Article will eventually assess whether the in dubio pro natura has been consolidating as a regional custom, and will argue that, de jure condendo, it can be qualified as a general principle of international law.

Keywords: In dubio pro natura principle, precautionary principle, circulation of legal formants, general principle.

JEL Classification: K32

Suggested Citation

Baldin, Serena and De Vido, Sara, The In Dubio Pro Natura Principle: An Attempt of A Comprehensive Legal Reconstruction (December 28, 2022). Available at SSRN: https://ssrn.com/abstract=4313438 or http://dx.doi.org/10.2139/ssrn.4313438

Serena Baldin (Contact Author)

University of Trieste ( email )

Trieste, 34127
Italy

Sara De Vido

Ca' Foscarri University ( email )

Dorsoduro 3246
Venice, Veneto 30123
Italy

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