9 Preventive And Precautionary Principl

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PRINCIPLES
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ENVIRONMENTAL
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WORKSHOP ON EU LEGISLATION

PRINCIPLES OF EU ENVIRONMENTAL LAW

© European Commission, European Environment Agency

The Preventive and Precautionary Principle

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PRINCIPLES OF EU ENVIRONMENTAL LAW

Outline
 Prevention: Historical background  Precaution: Historical background  Prevention in international law, primary and secondary EU law and national law

 Precaution in international,
EU and national law

 Function of the preventive principle  Instruments for implementation

 Functions of the precautionary principle
 Implementation and application  Prevention and precaution – What is the difference?
 The role of the judge
 The political dimension
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PRINCIPLES OF EU ENVIRONMENTAL LAW

Prevention: Historical background

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PRINCIPLES OF EU ENVIRONMENTAL LAW

Prevention: Historical background
The Trail Smelter case
SO2 (5.000-7.000 t monthly)

Canada
Trail
Columbia River

USA
Damage to agriculture and forests
Loss of real estate value
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PRINCIPLES OF EU ENVIRONMENTAL LAW

Prevention: Historical background
“The Tribunal, therefore, finds that (…), under the principles of international law, as well as of the law of the United
States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.”
Arbitral Tribunal 11 March 1941, http://untreaty.un.org/cod/riaa/cases/vol_III/1905-1982.pdf., p. 1965.

 Principle 21 of the UN Declaration on the Environment 1972
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PRINCIPLES OF EU ENVIRONMENTAL LAW

Prevention: Historical background
Stockholm Declaration 1972
Principle 21
States have, in accordance with the Charter of the United