Precautionary Pulp: Pulp Mills and the Evolving Dispute between International Tribunals over the Reach of the Precautionary Principle

Kazhdan, Daniel
May 2011
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p527
Academic Journal
While the term "precautionary principle" is much used, its status, its applicability, and even its definition are not clear. The International Tribunal for the Law of the Sea has applied the precautionary principle in environmental cases. The World Trade Organization has refused to apply the principle, but, in dicta, has suggested that it should be applied in environmental cases. The International Court of Justice has traditionally been reticent on the issue. However, in its recent Pulp Mills decision, the court strongly limited, if not eviscerated, the principle. The court did not allow the precautionary principle to reverse the burden ofproof or even to affect the standards of proof.


Related Articles

  • Dugong Swimming in Uncharted Waters: US Judicial Intervention to Protect Okinawa's "Natural Monument" and Halt Base Construction. Yoshikawa, Hideki // Asia-Pacific Journal: Japan Focus;2/9/2009, Issue 6, p1 

    The article discusses the Okinawan context of the dugong lawsuit from the point of view of an Okinawan who has been engaged in the anti-construction movement on the environmental front. It shows how the dugong lawsuit has become entangled with the Japanese government's Environmental Impact...

  • The International Tribunal for the Law of the Sea: Activities in 2008. Gautier, Philippe // Chinese Journal of International Law;Jul2009, Vol. 8 Issue 2, p441 

    This paper gives an overview of the activities of the International Tribunal for the Law of the Sea in 2008. It provides information on the 18th Meeting of States Parties (2008), organizational developments, the jurisdiction and cases before the Tribunal.

  • The International Tribunal for the Law of the Sea: Activities in 2007. Gautier, Philippe // Chinese Journal of International Law;Jul2008, Vol. 7 Issue 2, p371 

    This paper gives an overview of the activities of, and those relating to, the International Tribunal for the Law of the Sea in 2007. It provides information on the 17th Meeting of States Parties, organizational developments and the jurisdiction of the Tribunal, and comments on cases before the...

  • China and the Future of International Adjudication. KU, JULIAN // University of Maryland Law Journal of Race, Religion, Gender & C;2012, Vol. 27, p154 

    Traditionally, the People's Republic of China (PRC) has shunned participation in international adjudication, preferring to settle all disputes through direct negotiations. But in the past two decades, this wholly negative approach to international courts and arbitration tribunals has begun to...

  • Victory At The Ballot Box May Not Save Measure N. Coombs, Amy // Econews;Dec2010/Jan2011, Vol. 40 Issue 6, p7 

    The article informs that Humboldt Baykeeper, the Ecological Rights Foundation and the Environmental Protection Information Center (EPIC) have filed lawsuit against the City of Eureka, California, in July 2010 by claiming that the environmental impact review (EIR) used for Measure N is inadequate.

  • Climate Change Litigation (Part 2). Preston, Brian J. // Carbon & Climate Law Review;2011, Vol. 5 Issue 2, p244 

    In the absence of an international treaty to address climate change, litigation provides an alternative path to encourage mitigation of the causes or redress for the effects of climate change. This article focuses on causes of action that have been used, or could be used, to litigate issues...

  • Global Environmental Snapshot.  // Argentina Country Review;2009, p115 

    The article provides an overview on the environmental situation facing each region of the world including Africa, Europe, and North America.

  • WORLD TRADE ORGANIZATION.  // International Law Update;Jun2003, Vol. 9, p93 

    WTO arbitrator requires U.S. to implement WTO rulings in Byrd Amendment cases by December 27, 2003

  • The Integration of Article 25 Arbitration in WTO Dispute Settlement: The Past, Present and Future. Jacyk, David // Australian International Law Journal;2008, Vol. 15 Issue 1, p235 

    The adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its rulings, there have been enough failures to raise concerns about compliance....


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics