The Precautionary Principle in International Environmental Law: A Study of the Cases No. 3 & 4 of the International Tribunal for the Law of the Sea — The SBT Cases (O Princípio da Precaução no Direito Ambiental Internacional: um estudo dos casos n. 3 & 4 do Tribunal Internacional de Direito do Mar - os casos SBT)

2018 ◽  
Author(s):  
Tatiana Cardoso Squeff ◽  
Fernanda B. Loss
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Law

The International Tribunal for the Law of the Sea: A Forum for the Development of Principles of International Environmental Law?

2004 ◽  
Vol 19 (4) ◽  
pp. 515-536 ◽  
Author(s):  
Gwenaele Rashbrooke
Keyword(s):  
New Zealand ◽  
Land Reclamation ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Environmental Law ◽  
The Law ◽  
The Uk

AbstractThis article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.

scholarly journals THE APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN INTERNATIONAL LAW: AN ANALYSIS OF THE CONTRIBUTION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

2017 ◽  
Vol 14 (29) ◽  
pp. 229-259
Author(s):  
Tiago Vinicius Zanella ◽  
Ricardo Pereira Cabral
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Precautionary Principle ◽  
Law Of The Sea ◽  
Scientific Uncertainty ◽  
International Tribunal ◽  
Irreversible Damage ◽  
Precautionary Approach ◽  
The Precautionary Principle ◽  
The Law

The precautionary principle, invoking the notions of risk, scientific uncertainty and irreversible damage, takes the solution of the environmental issues of the global risk society to the legal domain. Its application in international law has evolved significantly, especially with respect to the protection of the marine environment. This principle, which was much ignored in its practical application, is gradually being used in international environmental protection. The purpose of this paper is to analyze how the jurisprudence of the ITLOS has contributed to the development and application of the precautionary principle for the protection of the marine environment and how the International Tribunal for the Law of the Sea contributed to the development of this principle in international law. Thus, although we are still not able to safely say that the precautionary approach is included in international law as an unchallenged principle, it has been given great steps over the last few years in this direction. Particularly with the contributions of the international jurisprudence of the ITLOS, the precautionary approach is evolving and becoming an autonomous principle, with less uncertainty and subjectivity that caused so much apprehension for the States and doubt in the doctrine.

The Contribution of the International Tribunal for the Law of the Sea to the Protection of the Marine Environment

2021 ◽  
Vol 9 (2) ◽  
pp. 354-369
Author(s):  
Tomas Heidar
Keyword(s):  
Environmental Impact ◽  
Marine Environment ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Due Diligence ◽  
International Tribunal ◽  
International Environmental Law ◽  
Precautionary Approach ◽  
Environmental Impact Assessments ◽  
The Law

Abstract In its 25 years’ history, the International Tribunal for the Law of the Sea has dealt with a number of environmental cases. This has primarily occurred in the context of proceedings relating to the prescription of provisional measures and in advisory proceedings. This article explains how the Tribunal has reaffirmed and developed the basic environmental principles in Part XII of the Law of the Sea Convention, including the obligation to protect and preserve the marine environment, the precautionary approach, the duty to conduct environmental impact assessments, and the duty to cooperate, as well as the duty of due diligence, thereby contributing to the protection of the marine environment. Part XII of the Convention is a product of the 1970s and its provisions therefore reflect the state of international environmental law at that time. However, the Tribunal has interpreted and applied the aforementioned principles consistently with the contemporary state of international environmental law.

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.

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