The Precautionary principle under International Environmental Law: a rule of customary law or merely an approach based on prudence? An analysis

Abstract

The key objective of the article is to analyze the current status of the precautionary principle under international environmental law; it also aims to identify the concerns that need to be addressed to facilitate its further growth. The article suggests that although the principle is widely applied to regulate the activities impacting common concerns of mankind, it is yet to be applied, as extensively in other fields of environmental management. As a result, at this stage of its development, the principle cannot be said to embody a rule of customary international law. The sporadic use of the principle owes much to the disagreement of states with respect to its exact meaning and scope. Nonetheless, keeping in view its regular codification in international treaties relating to environmental law, and states’ reliance upon it in international courts and tribunals to justify their claims, the principle may be said to reflect emerging rule of customary law. To accelerate the process of its evolution, the principle needs to be clarified further by setting forth standards of determining environmental risk, and steps to be taken to remove that risk. Additionally, states should be encouraged to adopt universal definition of the principle so that a single rule can be drawn by looking at international documents and court decisions involving precautionary action.