scholarly journals The Precautionary Principle under German and International Environmental Law - Analysis and Comparison -

2018 ◽  
Vol 20 (null) ◽  
pp. 253-288
Author(s):  
Il Ho Lee
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
International Environmental Law ◽  
The Precautionary Principle

scholarly journals Applying the Precautionary Principle to Private Persons : Should it Affect Civil and Criminal Liability?

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Bruce Pardy
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Punishment ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Past ◽  
Precautionary Action ◽  
Domestic Law

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

The Precautionary Principle in the Twenty-First Century: A Case Study of Noise Pollution in the Ocean

2007 ◽  
Vol 22 (1) ◽  
pp. 61-87 ◽  
Author(s):  
Alexander Gillespie
Keyword(s):  
Precautionary Principle ◽  
Contemporary Problem ◽  
Environmental Law ◽  
Noise Pollution ◽  
First Century ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
Current State ◽  
Twenty First Century

AbstractThe precautionary principle is one of the most discussed ideas in international environmental law. However, despite over 20 years of dialogue, both its status and its aplication remains uncertain. This article attempts to rectify part of this difficulty by displaying the current state of play on the principle, and how it may be applied to a specific contemporary problem. The selected problem is noise pollution

scholarly journals APPLYING PRECAUTIONARY PRINCIPLE IN FISHERIES MANAGEMENT

2018 ◽  
Vol 1 (1) ◽  
pp. 13-34
Author(s):  
Emmy Latifah ◽  
Moch Najib Imanullah
Keyword(s):  
Fisheries Management ◽  
Precautionary Principle ◽  
Environmental Law ◽  
Decision Makers ◽  
Sustainable Fisheries ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
Scientific Certainty

The aim of this paper is to examine an applying the precautionary principle in fisheries management. Precautionary principle is a principle where the possibility exist of serious or irreversible harm, lack of scientific certainty should not preclude cautions action by decision-makers to prevent or mitigate such harm. This principle has been accepting in widely international environmental law so that with applying this principle in fisheries management, it could be expected to provide an opportunity to progress towards sustainable fisheries development.

scholarly journals APPLYING PRECAUTIONARY PRINCIPLE IN FISHERIES MANAGEMENT

2018 ◽  
Vol 1 (1) ◽  
pp. 13-34
Author(s):  
Emmy Latifah ◽  
Moch Najib Imanullah
Keyword(s):  
Fisheries Management ◽  
Precautionary Principle ◽  
Environmental Law ◽  
Decision Makers ◽  
Sustainable Fisheries ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
Scientific Certainty

The aim of this paper is to examine an applying the precautionary principle in fisheries management. Precautionary principle is a principle where the possibility exist of serious or irreversible harm, lack of scientific certainty should not preclude cautions action by decision-makers to prevent or mitigate such harm. This principle has been accepting in widely international environmental law so that with applying this principle in fisheries management, it could be expected to provide an opportunity to progress towards sustainable fisheries development.

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