The Precautionary Principle in Environmental Law

Abstract

Global warming is a reality. It is therefore important to take measures to limit greenhouse gas emissions. Then, the precautionary principle has been developed in order to maintain a healthy environment which implies taking adequate and proportionate measures: laws and regulations. The purpose of this study is to dissect the precautionary principle in environmental law in order to highlight its definition and its content before identifying its application. We highlight that this is a difficult principle to understand due to the divergences in its conception. As such, two opposing visions impact its implementation. Thus, the absence of absolute scientific certainty in the said principle poses a dilemma. This is a key characteristic of the precautionary principle. On the one hand, this principle would constitute a brake on economic progress, especially since the measures taken would limit access to the resources necessary for human activity. It therefore constitutes a brake on economic development. On the other hand, this principle allows the establishment of regulatory mechanisms aimed at aligning the interests of companies with those of society in a context where companies often do not have to pay the full costs of damage to the environment and human health. This will then allow us to correct the mistakes of the past. It is therefore about the search for balance between human activity and environmental protection. This therefore results in a differentiated application depending on the position taken, the choice made. This is why the comparative approach was essential for this study.