Applications of the precautionary principle in international environmental law

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.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-06-01
DOI
https://doi.org/10.63677/jqlap.2025.160329.1351
Primary Topic
International Environmental Law and Policies
Type
article
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article

Applications of the precautionary principle in international environmental law

N A Rasheed Naji
AL-Qadisiya Journal For Law and Political Sciences
International Environmental Law and Policies
article

Applications of the precautionary principle in international environmental law

N A Rasheed Naji
article en

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.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 1 part 2 / 2)
University of Baghdad (IQ)
Partnerships for the goals
Openalex Percentile: Top 16%
International Environmental Law and Policies
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Applications of the precautionary principle in international environmental law — N A Rasheed Naji · AL-Qadisiya Journal For Law and Political Sciences (2025) | TGRS Research Map | TGRS