Study On Effectiveness Of Precaution In International Environmental Law

This paper is based on the comparative study of the Vienna Convention for the Protection of the Ozone Layer regime and the Framework Convention on Climate Change regime, and is aimed at defining the factors influencing the effectiveness of precaution as well as the relationship between the factors. The comparative analysis in this paper is backed up by the following understandings concerning precaution and the effectiveness of precaution: 1) precaution is different from precautionary principle. The former, as a revolutionary idea, requires that when a certain threshold of environmental risk is reached, precautionary measures be taken to prevent serious irreversible results. The latter, as a legal principle, is the recognition and formulation of the former in law. The existence of the latter is not prerequisite for the achievement of the former, and conversely, the success of the former is not to be represented by the perfection of the latter. The subject of the paper is precaution instead of precautionary principle. 2) The effectiveness of precaution is reflected in three aspects: the speed, the strength and the efficiency of response to environmental risks. Because the paper is observing effectiveness of precaution within the scope of international environmental law, the speed of legal response to environmental risks in the form of precautionary measure provisions, the strictness of the provisions and the mechanisms provided by the convention regime for the precautionary measures are the objects for this study.The paper is accordingly divided into four parts: introduction, comparison of Vienna Convention on Ozone Layer Protection regime and Framework Convention on Climate Change regime, factors deciding the effectiveness of precaution and conclusion.In Chapter One, precaution is distinguished from precautionary principle, the approach of the study and the design of the study scheme are proposed.Chapter Two compares the Vienna Convention for the Protection of the Ozone Layer regime and the Framework Convention on Climate Change regime phase by phase, every subsection focusing on the analysis and evaluation and the three aspects of the effectiveness of precaution, and every section focusing on the search for factors influencing the effectiveness of precaution. The results of the comparison of two cases are: the risk of ozone layer depletion can be attributed to ascertainable sources, the ozone depletingsubstances are a number of chemicals used in certain areas, the definition of ozone layer depletion risk greatly benefited from the organization and coordination by United Nations Environmental Program, and thus Vienna Convention regime was able to respond to the risk promptly; the response to the risk of ozone depletion was initiated by the industrialized countries that are mainly responsible for the development and production of ozone depleting substances, the reliance of national economy upon the substances and the precautionary measures that had already been taken within these countries are the main factors deciding the positions of the countries in international negotiations; the review system, noncompliance system and provisions of the adjustment and amendment of protocol are not only reflection of the decisiveness of the parties to take precautionary measures, but also raised and enhanced the speed and strength of the response. The global warming theory challenges the economic structure of modern industrialized countries, and at the same time causes the concern of the many developing countries that the international law on climate change may impede their development. Therefore, political factors have been involved even since the time of international cooperation on the definition of climate change risk, which, together with the conflicts between different alliances and interest groups, led to the slow-down of the speed of response. The same reasons also accounted for the weakening of the strength of response. The three "Kyoto Mechanisms" set up by the climate change convention regime were, as a matter...