TITLE

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

AUTHOR(S)
Kazhdan, Daniel
PUB. DATE
May 2011
SOURCE
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p527
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
66612356

 

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