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What is Precautionary Principle

Chapter 5
Pragmatic Legal and Policy Implications of Environmental Lawmaking
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter:
Legal Authorities of Environmental Law
Copyright: © 2023 |Pages: 20
DOI: 10.4018/978-1-6684-4158-9.ch005
Abstract
The environment is more vulnerable to damage than any other area. Human beings of all ages and situations— childhood and old age, poverty and wealth, peace and happiness, and conflict and sorrow—can cause damage to the environment. However, most of the damage is done by governments with their wrong policies, and increased individual damages are also due to those policies. Therefore, the environment should be protected by the judiciary and arbitration. In case of intentional damage or negligence, the perpetrators will be dealt with legally, and the ways of compensation will be determined. This chapter describes domestic and international legal authorities related to the environment and can influence it with their decisions and actions.
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Chapter 2
Principles of Environmental Policy and Legislation
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Principles of Environmental Policy and Legislation; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 12
Environmental Law and Non-Governmental Organizations
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Non-Governmental Organizations; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 14
Environmental and Energy Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Energy Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 1
Environmental Policy and Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Policy and Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 14
Environmental Law and Armed Conflicts
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Armed Conflicts; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 5
Climate Change as a Common Enemy: A New Threat to International Peace and Security
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Climate Change as a Common Enemy: A New Threat to International Peace and Security; From: World Politics and the Challenges for International Security
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Chapter 8
Waste Management Legislation
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.
Published in Chapter: Waste Management Legislation; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 3
Principles and Concepts of Environmental Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Principles and Concepts of Environmental Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 9
Environmental Governance and Policy
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Governance and Policy; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 4
Globalization and Environmental Justice
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.
Published in Chapter: Globalization and Environmental Justice; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 10
Environmental and Contract Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Contract Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 5
Green Energy Economy Legislation
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.
Published in Chapter: Green Energy Economy Legislation; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 8
Environmental Intellectual Property Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Intellectual Property Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 1
Environmental Law and Food Security
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Food Security; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 51
Health Effects of Mobile Phone Usage
If an action or policy has a suspected risk of causing harm to the public or to the environment – in the absence of scientific consensus that the action or policy is not harmful – then the burden of proof that it is not harmful falls on those taking the action; “better safe than sorry”.
Published in Chapter: Health Effects of Mobile Phone Usage; From: Encyclopedia of Mobile Phone Behavior
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Chapter 4
Systems of Environmental Protection Responsibility
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Published in Chapter: Systems of Environmental Protection Responsibility; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 13
Environmental Law and Green Constitutions
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Green Constitutions; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 8
Thermography in Biomedicine: History and Breakthrough
Relates to promotion and protection of human health where any features, actions or methodology, if potentially harmful or not safety for individual and/or population health, is perceived as threat that must be addressed in favor of prevention.
Published in Chapter: Thermography in Biomedicine: History and Breakthrough; From: Biomedical Computing for Breast Cancer Detection and Diagnosis
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Chapter 11
Environmental and Criminal Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Criminal Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 12
Environmental and Economic Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Economic Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 9
Environmental and Competition Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Competition Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 11
Environmental Law and Gender
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Gender; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 7
Environmental Public Finance Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Public Finance Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
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Chapter 2
Health Protection and Resonable Balancing of Interests
The precautionary principle can be invoked when a phenomenon, a product or a process can have potentially dangerous effects, identified through a scientific and objective evaluation, if this evaluation does not allow to determine the risk with sufficient certainty.
Published in Chapter: Health Protection and Resonable Balancing of Interests; From: Handbook of Research on Healthcare Standards, Policies, and Reform
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Chapter 15
Environmental and Islamic Law and Jurisprudence
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Islamic Law and Jurisprudence; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 2
Environmental Law and Water Legislation
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Water Legislation; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 10
Environmental Court Procedure and Dispute
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Court Procedure and Dispute; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 7
International Peace and Security in the Case of Climate Change
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.
Published in Chapter: International Peace and Security in the Case of Climate Change; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 3
Innovations of Water Environmental Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Innovations of Water Environmental Law; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
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Chapter 13
Environmental and Theological Law
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and Theological Law; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 8
Legal Studies Over the Impacts of the COVID-19 Pandemic on International Peace and Security
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Legal Studies Over the Impacts of the COVID-19 Pandemic on International Peace and Security; From: Multidisciplinary Approaches to Organizational Governance During Health Crises
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Chapter 15
Environmental Law and Terrorism
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental Law and Terrorism; From: Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
Full Text Chapter Download: US $37.50 Add to Cart
Chapter 6
Environmental and International Trade Legislation
One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Published in Chapter: Environmental and International Trade Legislation; From: Pragmatic Legal and Policy Implications of Environmental Lawmaking
Full Text Chapter Download: US $37.50 Add to Cart
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