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The Role of International Law in the Promotion of the Precautionary Principle.

Abstract

International audience The precautionary principle is certainly one of the most fundamental of international environmental law. Symbolic of a "technical democracy", this principle has been one of the cornerstones of the Rio Declaration. Its proclamation was then the starting point of a broad and rapid development of the principle –or the approach– of precaution which today underlies many legal systems. Little by little, international courts have, by a constructive dialogue, gradually highlighted the precautionary principle, whether its authority or its contents and its implications. Its complex and composite nature continues to be a challenge. But in nowadays societies, characterized by a constant technical innovation, its introduction in positive law seems quite irresistible. Judges are expected to play an important role in the development of this "open textured" standard. In such a context, the dialogue –or at least the benevolence– between judges including between international, European and domestic judges, may still be helpful, and could contribute to feed and stabilize the case-law.

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