Concluding that the precautionary principle embodies customary international law is one thing. Determining what this means is quite another. That challenge is met by this work, which resolves a number of crucial questions concerning the scope of this principle of international environmental law; the conditions triggering a right or duty to take precautionary action; the measures to be taken; the allocation of the burden of proof; and the role of socio-economic factors. These questions are dealt with one at a time through the charting and analysis of patterns and common denominators in the extensive (inter)national practice of states regarding the precautionary principle. The hard legal core of the principle is thus gradually exposed. In the process, a realistic and accessible account is given of how and to what extent this general principle can and does direct the actions of states in concrete instances. Ultimately, this work sets out what it takes to act in conformity with the precautionary principle under general international law, and will be of interest to anyone involved with international law and environmental protection.
Precautionary Rights and Duties of States goes beyond the traditional writings on this complex principle and brings new foresight on its legal implications. The book is a must for every international lawyer involved at the academic level and in practice. Arie Trouwborst’s contribution to the legal understanding of this post-modern principle will remain a classic in public international law doctrine as it shows the
what, where, when and
how of precautionary action in the international
Makane Moise Mbengue RECIEL 17 (2) 2008
Table of contents
One Introduction, 1. The Oracle of Delphi and the Precautionary Principle, Part
Two Definition, 2. Apollo’s Tripod: Defining Rights and Duties under the Precautionary Principle, 3. First Leg of the Tripod: Threat of Environmental Harm, 4. Second Leg of the Tripod: Uncertainty, 5. Third Leg of the Tripod: Action, 6. Assembling the Tripod: Synthesis, Part
Three Implementation, 7. Precautionary Measures, 8. The Precautionary Principle and the Burden of Proof, 9. The Precautionary Principle and Socio-Economic Interests, Part
Four Conclusions, 10. The Pythia Replaced: Conclusions, Table of Instruments, Legally Binding International Instruments, Non-Legally Binding International Instruments, European Union Instruments, Table of Cases, International Court of Justice, International Tribunal for the Law of the Sea, WTO Dispute Settlement, Arbitration, European Union Court of Justice, National Cases, Country Index, Keyword Index.
Libraries, Researchers, Professionals in the field of Public International Law and International Environmental Law in particular.