mplementation of the Precautionary Principlein International Environmental Law

Subject Areas : Journal of Law and Politics

Seyed Abbas Poorhashemi ¹ , Ali Zare ²

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Received: 2015-02-14 Accepted : 2015-06-01 Published : 2015-04-21

Keywords: Precautionary principle, International Environmental la, Environmental assessment, Legal And Administrative Gaps,

Abstract :

International environmental law as a branch of public international law, above all, is based on the pre-emptive rights and caution. From the perspective of international environmental law,the formulation, adoption and implementation of environmental rules and regulations, intended to protect the global environment with an emphasis on the precautionary approach. Therefore, the international community has been trying to find the solution to protect the environment and prevent environmental damage causing from industrialization and economic growth. In this context, the precautionary principle is one of the basic principles of international environmental law that has been emphasized by number of legally binding and non-binding documents. However, implementation of this principle has always been faced with technical difficulties and legal problems. This study aims to investigate the legal basis of this principle, to show some of the obstacles and possible solutions to remedy legal gaps arising from implementation of the precautionary principle