BRINGING NEW LAW TO OCEAN WATERS, David D. Caron, Harry N. Scheiber, eds., Brill, 2004
11 Pages Posted: 10 Mar 2006
If international environmental law were to develop Ten Commandments, the precautionary principle would be near the top of the list. Like the proscriptions against killing and theft, the precautionary principle is difficult to argue with. But when we try to pin down exactly what the precautionary principle means, matters become more difficult. Behind the simple allure of the precautionary principle lie a host of difficult issues. When is precaution warranted? In what ways should we be cautious? And how cautious should we be? Different international instruments have answered these questions in very different ways. The differing definitions of the precautionary principle, and their generally platitudinous quality, suggest that the precautionary principle may not take us very far in addressing specific environmental problems.
Keywords: International law, precautionary principle, environment
JEL Classification: K33, K34
Suggested Citation: Suggested Citation
Bodansky, Daniel, Deconstructing the Precautionary Principle. BRINGING NEW LAW TO OCEAN WATERS, David D. Caron, Harry N. Scheiber, eds., Brill, 2004 . Available at SSRN: https://ssrn.com/abstract=888831