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Applications of the precautionary principle in international environmental law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 16, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 289-314 PDF (1.16 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.160329.1351 | ||
| Authors | ||
| Nabaa Muhammad Naji* ; Nabaa Muhammad Naji | ||
| University of Baghdad / College of Law | ||
| Abstract | ||
| International environmental law has witnessed a fundamental shift since the 1970s. After initially being limited to providing a set of general principles, it has evolved into a more effective and forward-looking legal system. This development has enabled it to better respond to emergency situations and pressing environmental crises, and it has been closely integrated into the framework of sustainable development. This has led to the emergence of new principles, including the precautionary principle, which is considered one of the most important tools aimed at protecting the environment and preventing environmental harm. The precautionary principle aims to hold states responsible for taking all necessary precautionary measures within the framework of international cooperation to prevent environmental damage, with the requirement that these measures be implemented at the lowest possible cost and using the best available technologies. Whether these measures take the form of preventing any human activity that is likely to cause harm to the environment or requiring concerned parties to provide evidence of the safety of their proposed activities from any negative impacts. In accordance with this principle, states are committed to ensuring that activities carried out within their territory and on their lands do not harm the environment of other states beyond their borders, and if they do, they will be held responsible for removing the damage and providing compensation. | ||
| Keywords | ||
| Precautionary principle; international environmental law; international law | ||
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