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Study On The Precautionary Principle In Eu Environmental Law

Posted on:2011-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2166330305460251Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Today's world, rapid economic and technological development, not only to promote the progress of human society, it also brings many types of risks and damage. Because the capacity of human understanding is limited, it is difficult for some impact to determine the consequences of the scientific conclusions are given, resulting in the existence of many potential environmental risks. The traditional preventive principle over-reliance on determined scientific evidence, more consideration than economic factors between the cost of environmental risks and the benefits of environmental risks, lack of consideration between the two political and social interests, So in the face when the increasingly complex environmental problem looked pale and weak. Precautionary principle is a new guiding ideology of the environmental law, its basic idea is to support to prevention, "preventive measures", principle of "better safe than sorry" values, in time to take precautionary measures to prevent the occurrence of environmental risk hazards.At the legislative level, the precautionary principle of EU environmental law is influenced by the relevant legislation in Germany and the relevant legislation in international level, main provisions of their legislation are in the EU Basic Law "Maastricht Treaty" and the European Commission "the Bulletin on the precautionary principle", The position of basic principles of precautionary principle in the EU environmental law as the Legislation gradually established. At the judicial level, European Court of Justice on the attitude of the precautionary principle has gone through three stages, the judicial recognition of initial concept related to the precautionary principle, early justice shape on the precautionary principle, recent case law in recognition on the precautionary principle, European Court of Justice clarified different attitudes taken by judicial decisions on the precautionary principle in different periods.In real application level, the EU applies the precautionary principle is not confined to environmental protection, it have a wider scope. Because of their cautious attitude toward the precautionary principle being recognized as some countries a means of trade protectionism, easily lead to trade conflicts. The application of Precautionary principle in EU largely depends on the specific social and cultural context and background. Between the EU Member States have different social and cultural context resulting in the application of the precautionary principle is debated. The practical application of the precautionary principle need to analyze the three basic elements of scientific uncertainty, risk threshold limits, measures appropriate analysis, need to use consideration of deliberative-constitutive theory under the constitutional framework for improvement to the precautionary principle, This is the future development of cautionary principle.
Keywords/Search Tags:EU environmental law, Environment risks, The precautionary principle
PDF Full Text Request
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