Legal Aspects of Precaution in the International Legal Protection of the Environment Cover Image

Prawne aspekty przezorności w międzynarodowoprawnej ochronie środowiska
Legal Aspects of Precaution in the International Legal Protection of the Environment

Author(s): Maciej Nyka
Subject(s): Energy and Environmental Studies, International Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: Legal protection of the environment is immanently linked to the achievements of the natural sciences. The degree of complexity of natural processes causes that these sciences are not always able to provide clear answers to questions about the functioning of ecosystems or the interdependencies between particular elements of the environment. In this situation, there is a problem that the effort to ensure environmental safety is made in the absence of clear evidence of safety or risks associated with the product or process. Law in various ways is trying to cope with the problem of risk management. These actions are especially difficult when they are reduced to the management of ignorance about the potential negative effects of certain activities. Both continental law and common law systems have developed different methods of coping with these types of situations. They function relatively effectively in isolation from each other. However, the context of international commodity exchange, cross-border investments or global governance of particular elements of the environment leads to the situation where methods or model approaches to precaution designed and implemented within different legal cultures are on a collision course, threatening extreme adverse environmental effects. Controversies related to the trade of genetically modified food, CETA negotiations or TTIP, and even disputes concerning the development of new international environmental agreements can serve as examples.

  • Issue Year: 2017
  • Issue No: XXXVIII
  • Page Range: 501-512
  • Page Count: 12
  • Language: Polish