A Study On Precautionary Principle For Transboundary Environmental Protection

Human beings benefit from the progress of science and technology and themultiple choices which are brought about by technological innovation. But at thesame time, mankind faces lots of unknown and uncertain risks. As the human societyis gradually becoming a "Risk Society", people pay more and more attention toenvironmental problems and its concomitant----environmental risks. But with theappearing of new environmental problems, science sometimes fails to get the accuratescientific conclusions. This reflects in ozone hole, global warming, biologicaldiversity, genetically modified organisms, and other fields. Once these uncertain andpotential risks turn into the environmental damage, it will lead to serious, irreversibleconsequences or catastrophic losses. Under this circumstances, the precautionaryprinciple emerges at the historic moment in order to meet the demand ofenvironmental problems of scientific uncertainty. The core of the principle rests inthat preventive measures should be taken to prevent the environment from risks evenlacks of scientific conclusions. It’s consistent with contemporary requirements ofsustainable development. The high-cost and irrecoverability of environmentalrestoration is the value of this principle. Since it emerged, this principle was alwayscontroversial. Even up to now, international community hasn’t yet reached aconsensus about its status in International Law which leads to queries in theinternational dispute when quoting the principle.To analyze the status of precautionary principle in international law is essentiallyto discuss the origin of international law. According to the38th article of theinternational court statute, if an international habit needs to become an internationallaw it should possess two elements: the state practices and legal beliefs. Based on theanalysis of the background and historical evolution of the precautionary principle, thispaper demonstrates that the status of precautionary principle in international law isgradually taking shape from the perspective of state’s international practices. At thesame time this paper analyzes the inscape of the precautionary principle and points out the deficiency of the principle itself in order to improve the relevant rules and tomake better use of the value of the precautionary principle.