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/lp/brill/the-applicability-of-the-principle-of-prevention-to-climate-change-a-jSyIWQE00F
- Publisher
- Brill
- Copyright
- © 2015 by Koninklijke Brill NV, Leiden, The Netherlands
- Subject
- Debate
- ISSN
- 1878-6553
- eISSN
- 1878-6561
- DOI
- 10.1163/18786561-00501001
- Publisher site
- See Article on Publisher Site
Abstract
This is a response to Alexander Zahar’s article in the previous issue of Climate Law . Zahar argued that ‘the principle of prevention is neither applicable nor of relevance to the problem of climate change.’ 1 Firstly, I discuss Zahar’s scepticism toward state responsibility in the context of climate change. Secondly, I engage critically with Zahar’s claim that the preventive principle only applies to the type of environmental damage that occurs in a short timeframe and in a confined space. I show that some sources of international law do recognize the applicability of the preventive principle to damage to the global environment. Lastly, I dissent with Zahar’s qualification of the climate regime as a derogation to the principle of prevention. I argue that the principle of prevention is a necessary corollary of the rights of states to territorial integrity, although the modalities of application of the principle need to be refined.
Journal
Climate Law – Brill
Published: Aug 26, 2015
Keywords: principle of prevention; climate change; International Law Association