scholarly journals Application of the ‘Precautionary Principle’ in the 2000 Biosafety Protocol to the 1992 Convention on Biological Diversity

2005 ◽  
Vol 2 (3) ◽  
Author(s):  
Simon Brown ◽  
Daud Hassan
Keyword(s):  
Precautionary Principle ◽  
Biological Diversity ◽  
Genetic Manipulation ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Environmental Harm ◽  
International Environmental Law ◽  
World Hunger ◽  
The Precautionary Principle ◽  
National Boundaries

IntroductionThe development of genetic manipulation in recent years has caused both angst and excitement. The technology has the potential to solve world hunger and create cures for many of humanities ailments. However many have also expressed concern that our understanding of the potential of the technology to cause significant environmental harm is limited. The possibility that this harm could extend beyond national boundaries has led to the technology being discussed in the international environmental law arena. The

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

The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test

2014 ◽  
Vol 16 ◽  
pp. 109-142
Author(s):  
Elisa Morgera
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Good Faith ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Access And Benefit Sharing ◽  
Adoption And Implementation ◽  
Legal Principle ◽  
The Eu

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.

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.

Application of precautionary principle in international trade law and international environmental law

2014 ◽  
Vol 13 (1) ◽  
pp. 19-43 ◽  
Author(s):  
Abdul Haseeb Ansari ◽  
Sri Wartini
Keyword(s):  
Precautionary Principle ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Poor People ◽  
Environmental Aspects ◽  
Content Type ◽  
Trade Law ◽  
International Trade Law ◽  
Human Animal

Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP.

scholarly journals The ecosystem approach under the Convention on Biological Diversity: a review of decisions of the Conference of the Parties

2021 ◽  
Author(s):  
Ye. P. Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Leading Role ◽  
Current State ◽  
Practical Guidelines ◽  
Environmental Relations

A comprehensive analysis of the process of formation and development of the ecosystem approach in international environmental law under the Convention on Biological Diversity has been undertaken. Based on a study of the provisions of the Convention and a review of decisions of the meetings of its governing body – the Conference of the Parties – the conclusion is made about the current state of development of the ecosystem approach. In particular, under the Convention on Biological Diversity, general framework of the ecosystem approach have been developed, including its description, principles and practical guidelines for its application, and its leading role in the conservation of biodiversity has been determined. Undoubtedly, the ecosystem approach generally and its principles particularly require thorough discussion at future meetings of the Conference of the Parties and implementation in appropriate decisions. At the same time, it is quite obvious that the effectiveness of this approach in the issue of biodiversity conservation will depend primarily on its implementation in the state environmental policy and legislation of all countries-participants of the Convention and its practical realization, which, according to the author, should become one of the priority and strategic directions in the field of legal regulation of environmental relations in Ukraine.

scholarly journals A critical examination of the Financial Mechanism as adopted in the Convention on Biological Diversity (CBD) from a developing country’s perspective

2014 ◽  
Vol 1 ◽  
pp. 70-81
Author(s):  
Shah Md Mushfiqur Rahman
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Developing Country ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Critical Examination ◽  
International Environmental Law ◽  
Effective Compliance ◽  
Financial Mechanism

The main objective of this article would be to examine the financial mechanism of the CBD for the purpose of measuring its efficiency to ensure the Convention's implementation in the developing countries. The more international environmental law advances the more it is realized that normative provisions are hardly able to bring any good to the environment, if it is not substantiated by effective compliance mechanisms. The Convention on Biological Diversity is no exception to this realization and in tune with that the CBD adopted some in-built mechanisms e.g. financial mechanism, technology transfer etc. But how much is the financial mechanism, the most important of these, efficient to prompt the developing countries to comply with the Convention? This article will search for the answer to this question which is especially intriguing given the challenge of developing countries to strike a balance between developmental and conservation needs. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18526 Northern University Journal of Law Vol.1 2010: 70-81

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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