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  • Author or Editor: Warwick Gullett x
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In: Sustainable Development and the Law of the Sea
In: Regulation on Navigation of Foreign Vessels
In: Asia-Pacific and the Implementation of the Law of the Sea
In: The Belt and Road Initiative and the Law of the Sea
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Abstract

The precautionary principle leapt onto the international stage in the early 1990s as what appeared to be a paradigm shift of legal principle for environmental management. Its emergence and initial development was largely in the field of marine environmental law. This chapter assesses whether – after all these years – the precautionary principle has lived up to the immense expectations of its advocates and improved marine environmental decision-making. Its origins are traced to conceptualise its characteristics as a frontier legal principle that informs how it is constructed and implemented. Focus is placed on the fields of marine pollution control and international fisheries management together with illustrative implementation challenges of precaution in domestic fisheries legal regimes. Consideration is also given to the practice of precautionary thinking in a wide array of marine areas such as ship routing and addressing anchoring impacts on benthic environments. It is argued that while the precise contours of the principle remain elusive, it can achieve success where it is crafted explicitly in legal texts. Further, it can achieve broader influence where it is accepted as a sectoral norm for identifying and shaping coherent and effective approaches to address ever-present environmental uncertainty.

Open Access
In: Frontiers in International Environmental Law: Oceans and Climate Challenges
In: Marine Pollution Contingency Planning
In: Asia-Pacific Journal of Ocean Law and Policy
In: Asia-Pacific Journal of Ocean Law and Policy
In: Asia-Pacific Journal of Ocean Law and Policy
In: Asia-Pacific Journal of Ocean Law and Policy