International consecration of the precautionary principle and its relationship to achieving sustainable development
DOI:
https://doi.org/10.65263/pdp4he26Keywords:
The Precautionary Principle, Scientific Certainty, International Agreements, International Judiciary, Sustainable Development.Abstract
A new form of prevention against unknown or uncertain risks has been developed to protect the environment, which is known as the precautionary principle, It is a preventive principle that aims to take precautionary measures to avoid potential environmental damage, According to the principle, the absence of scientific certainty about the possibility of damage occurring should not be used as a pretext to postpone taking preventive measures to protect the environment, therefore the element of the absence of scientific certainty is the basis for the application of the precautionary principle, and the principle has been associated with it since its adoption in German law, until it became one of the important principles in international environmental law. the precautionary principle enables authorities to take precautionary measures by controlling the pre-harm situation when it is scientifically reasonable but not certain that an activity, technology or new product may cause harm. Based on the above the precautionary principle undoubtedly contributes to achieving the goals sustainable development by preserving the rights of future generations to live in a safe environment. this research attempts to clarify the concept of the precautionary principle, the conditions for its application, the extent of its enshrinement in international agreements and domestic legislation, the position of international judiciary in it, and its relationship to sustainable development.
References
First: Books
1- Bashir Juma, International Protection of the Atmosphere, Al-Halabi Legal Publications, no edition, Lebanon, Beirut, no year of publication.
2- Majid Ragheb Al-Helou, Environmental Protection Law in Light of Sharia, Dar Al-Jami'a Al-Jadida, Alexandria, 2014.
3- Muhammad Safi Youssef, The Precautionary Principle for Environmental Damage - A Study within the Framework of International Environmental Law, Dar Al-Nahda Al-Arabiya, Egypt, 2007.
Second: Theses and dissertations
1- Khaled Abdel Aziz, The Precautionary Principle in the Environmental Field, Master's Thesis, Faculty of Law, University of Algiers, 2014-2015.
2- Sonia Bezat, "Application of Precaution in International Law," PhD thesis, Mohamed Lamine Debaghine University, Setif 2, Algeria, 2016-2017.
3- Farida Takarli, "The precautionary principle in International Environmental Law," Master's thesis, Ben Aknoun, Algeria, 2005.
4- Hisham bin Issa bin Abdullah Al-Dalali Al-Shehhi, "The Right to Development in the Rules of International Human Rights Law," Master's thesis, Faculty of Law, Middle East University, 2017.
Third: Research
1-Ait Youssef Sabrina, "The Precautionary Principle as an Effective Mechanism for Promoting Sustainable Development," Critical Journal of Law and Political Science, Mouloud Mammeri University in Tizi Ouzou, Algeria, Volume 13, Issue 2, 2018.
2-Al-Baabidi Siham, The Contribution of the Precautionary Principle to the Development of Traditional Rules of Civil Liability - A Comparative Study - African Journal of Legal and Political Studies, Ahmed Draia University, Adrar Algeria, Volume 3, Issue 1, 2019.
3-Belqarrar El Tayeb, The Inevitability of Applying the Precautionary Principle in the Field of Child Health Care in Algeria, Early Childhood Reception Institutions as a Model, a research paper published in the Proceedings of the International Conference entitled: (Legal Enshrinement of the Precautionary Principle and its Applications, April 12 and 13, 2021).
4-Belhout Ibrahim, The Normative Value of the Precautionary Principle, a study published in the proceedings of the international conference entitled: (Legal Enshrinement of the Precautionary Principle and its Applications, April 12-13, 2021).
5-Ben Shaaban Muhammad Fawzi, The Legal and Judicial Enshrinement of the Precautionary Principle in the Field of Environmental Protection, Algerian Journal of Legal and Political Sciences, Volume 60, Issue 3, 2023.
6-Bousraj Zahra, International Environmental Protection, printed textbook for second-year students, Faculty of Law, University of Annaba.
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8-Samia Khawathra, The Precautionary Principle in the Framework of the World Trade Organization Agreements, a research paper published in the proceedings of the international conference entitled: (Legal Enshrinement of the Precautionary Principle and its Applications, April 12-13, 2021).
9-Rabhi Taboub Fatima Al-Zahra, The Precautionary Principle and its Impact on the Rules of Civil Liability, a research paper published in the proceedings of the international conference entitled: (The Legal Establishment of the Precautionary Principle and its Applications, April 12-13, 2021).
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12-Sonia Bezat, The Legal Value of the Precautionary Principle, a paper published in the proceedings of the international conference entitled: (Legal Enshrinement of the Precautionary Principle and its Applications, April 12-13, 2021).
13-Abdullah Yassin Ghafafliya, The Precautionary Principle in International Practices, Al-Mustaqbal Journal of Legal and Political Studies, Issue 4, December 2018.
14-Amara Naima, The Trend Towards Establishing Civil Liability, Journal of Political and Legal Notebooks, Issue 9, June 2013.
15-Mohamed Abdel Latif, The Precautionary Principle and Combating Climate Change in International and National Law, International Journal of Jurisprudence, Judiciary and Legislation, Volume 5, Issue 3, 2024.
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17-Hisham bin Issa bin Abdullah Al-Dalali Al-Shehhi, The Right to Sustainable Development in the Rules of International Human Rights Law, Master's Thesis, Faculty of Law, Middle East University, 2017.
Fourth: Internal Legislation
1- The Iraqi Constitution of 2005.
2- The French Environmental Charter of 2005.
3- Iraqi Ministry of Environment Law No. 37 of 2008.
4- Iraqi Environmental Protection and Improvement Law No. 27 of 2009.
5- Kuwaiti Law No. 19 of 1973 Concerning the Conservation of Petroleum Resources in Kuwait.
Fifth:Judicial decisions
1- C.I.J, Demande d'examen de la situation au titre du paragraphe 63 de l'arrêt rendu par la Cour le 20 décembre 1974, Recueil 1995 dans l'affaire des Essais nucléaires, affaire Nouvelle-Zélandecontre la France.
2- l’arrêt de la C.I.J relative a l’affaire du projet Gabcikovo-Nagymaros,25 septembre 1997.
3- l’ordonnance de la C.I.J , Argentina v. Uruguay, 20 avril 2010.
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