TITLE:
The Precautionary Principle in Environmental Law
AUTHORS:
Majambere Rodrigue
KEYWORDS:
Principle, Precaution, Precautionary Principle, Application, Environment, Law
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.11 No.12,
December
28,
2023
ABSTRACT: Global warming is a reality. It is therefore
important to take measures to limit greenhouse gas emissions. Then, the
precautionary principle has been developed in
order to maintain a healthy environment which implies taking adequate and
proportionate measures: laws and regulations. The purpose of this study is to
dissect the precautionary principle in environmental law in order to highlight
its definition and its content before identifying its application. We highlight that this is a difficult principle to
understand due to the divergences in its conception. As such, two opposing
visions impact its implementation. Thus, the absence of absolute scientific certainty in the said principle
poses a dilemma. This is a key characteristic of the precautionary principle. On the one hand, this principle would constitute a
brake on economic progress, especially since the measures taken would limit
access to the resources necessary for human activity. It therefore constitutes
a brake on economic development. On the other hand, this principle allows the establishment of regulatory
mechanisms aimed at aligning the interests of companies with those of society
in a context where companies often do not have to pay the full costs of damage
to the environment and human health. This will then allow us to correct the
mistakes of the past. It is therefore about the search for balance between human activity and
environmental protection. This therefore results in a differentiated
application depending on the position taken, the choice made. This is why the
comparative approach was essential for this study.