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The International Legal Status Of Precautionary Principle

Posted on:2019-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2416330596952282Subject:International Law
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Precautionary principle originated from the German administrative law has been criticized in many ways since its publication.As a newborn environmental-law principle,it differs from the past and runs counter to the science that has been dependent on people for a long time.Thus it can be considered as a forward-looking concept that goes beyond science.Therefore,it has attracted many people's attention since its birth and moved from domestic law to the field of international law quickly in a relatively short period of time.It has obtained confirmation in a series of important environmental-law documents including the Rio Declaration on Environment and Development.But during this process,the controversy over the precautionary principle has never stoppedeven intensified.The focus of this debate lies not in the principle of risk prevention is the basic principle of domestic environmental-law or not,but rather it has the status of customary international law or not.As the focus of the famous case “Hormone Beef” between EU and America,we can see that the international legal status of precautionary principle has a profound impact on international communication and economic exchanges.However,scholars have different opinions about whether this principle possesses the status of customary international law.Many scholars think it does not have the status of customary international law because of its diverse opinions,vague meanings and often as a guiding framework rule.However,some scholars think that they should not only see these shortcomings seemingly,but also should pay attention to its connotation.Its existence has been accepted by the world to a great extent.So,it has gained the status of customary international law.Therefore,the author began writing the article from the above ideas.There are three chapters in this article.Chapter I is about the legal meaning of precautionary principle.The first section starts from its origin and development,the second section explains the definition and its constituent elements,the third section analyzes the reason that precautionary principle is being accepted gradually by studying the legal basis behind it.In this chapter,the author give a multi-angle explanation of all aspects of precautionary principle from these three sections so as to facilitate readers' grasp of its meaning accurately.The second chapter begins with a famous case “Hormone Beef” between EU and America.This case is an internationally influential one about precautionary principle and has been mentioned in many articles.And the fundamental reason for the controversy of this case lies in the status of the precautionary principle in the country(region).In the following,the author gives a detailed introduction of this case and explain the attitude to this principle of WTO panel and the parties,and then leads to the focus of this article——whether precautionary principle has the status of customary international law.Next,it elaborates three opinions of the legal circle and analyzes the causes of the controversy.In the final chapter,the author mainly analyzes the precautionary principle's status of customary international law from international and domestic perspective by starting from the “state practice” and “legal conviction” formed by customary international law.The author analyzes the legislation and judicial practice of the principle from the international and domestic perspective and confirms the fact that the principle is approved by the world gradually.So we can include that although it is still too early to say that this principle has become a customary international law,the international and domestic soil available for its development is already existing,so precautionary principle is will become a customary international law soon.
Keywords/Search Tags:international environmental law, precautionary principle, customary international law rule
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