Prevention Principle Essay

1129 words - 5 pages

1. Prevention in a nutshell

What is the principle of preventive approach?
This principle requires the states to prevent damage to the environment and to reduce, limit or control activities which might cause or risk such damage (“Sand, Principles of International Environmental Law”)
Preventative logic, which may be captured in the common-sense adagio that prevention is better than cure, has been a pervasive feature of environmental law and policy as it has formed the foundation of many international and national legal instruments aimed at environmental protection.
The preventative principle, however, is a predominantly environmental concept.
Curative measures may ...view middle of the document...

Accordingly, States find themselves bound by a due diligence requirement to prevent transboundary pollution. In other words, the State must have failed to show due diligence if it is to be held liable.
However, customary law does not specify what diligent conduct entails or what concrete measures States are required to take in order to fulfill their duties under Rio’s Principle 2.
Indeed, the obligation to prevent trans boundary harm is subject to a variety of interpretations as to what preventive actions may be required of a State, as well as what amount of damage is to be prevented.
Not defined in the UNFCCC
While the principle is not included as the principle within Article 3 of the UNFCCC, the principle of preventative action is encapsulated within the objective clause within Article 2, which requires the parties to prevent anthropocentric interference with the climate system.
The 1972 Stockholm Declaration
The principle constitutes a traditional and fundamental tenet of international environmental law and was enshrined in the 1972 Stockholm Declaration as the obligation of States ‘to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction’.

Obligations of the Prevention principle
- Not to cause significance damage to the environmental territorially
An obligation of prevention also emerges from the international responsibility not to cause significant damage to the environment territorially, but the preventive approach seeks to avoid harm irrespective of whether or not there is transboundary impact or international responsibility.
- Prior Assessment of potentially harmful activities
One obligation that flows from the concept of prevention is prior assessment of potentially harmful activities.
Preventive mechanisms also include monitoring, notification, and exchange of information, all of which are obligations in almost all recent environmental agreements.

Legal application of the principle

Reference the the MOX Plant Case:
- Conflict between Ireland and the UK
- Plant designed to recycle the plutonium- during processing of nuclear energy
- Ireland contested the project
- Ireland’s request: Access of information from UK about the plant
- Ireland+ UK= Parties to the
• United Nations Convention on the Law of the Sea (UNCLOS), and
• the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention)
- In 2001, Ireland applied to the International Tribunal for the Law of the Sea (ITLOS)
- As a result:
• the ITLOS prescribed a provisional...

Other Essays Like Prevention Principle

Developing New Policies: Policy Proposal Essay

4262 words - 18 pages Benedictine University MPH 610 – D1B4 Health Policy Developing New Policies: Policy Proposal Suicide Prevention Week Eight N. De Shields Instructor Dr. Yasmin Dada-Jones ABSTRACT This policy proposal attempts to abate the increasing number of suicides in the United States, a survey from 2001 to 2009 list fatal self-injuries span world-wide demographics, male and female, age, ethnic disparity and economic disposition. From 1999 to

Anticipation And Prevention Essay

592 words - 3 pages Anticipation and Prevention In the past, emphasis was often on reactive responses to issues and problems. There has been increasing dissatisfaction with such an approach, and there are growing expectations that planners and managers should pay more attention to anticipation and prevention. This course of action, along with the acceptance that nothing is ever for certain, has led to endorsement of the precautionary principle, which states that

Company Law

2100 words - 9 pages Company Law Essay Duha Al-Wakeel ‘Salomon v Salomon is an outdated case with little relevance to modern company law.’ Discuss. Salomon v Salomon[1] served to establish the principle of corporate personality that ‘forms the cornerstone of company law.’[2] It is my contention that despite various attempts by both the legislature and the judiciary to circumvent the principle, this ‘cornerstone’ has not been eroded, rather, it forms the

Axial Compressor Blade Tip Timing

628 words - 3 pages REQUIREMENTS/OBJECTIVES To develop and deploy non-contact, blade tip timing based, health monitoring systems that proactively detect cracks in compressor blades, with the following attributes: • Rugged probe design • Allow long-term monitoring • Allow remote access and automated processing of monitored data • Enable prevention of catastrophic compressor damage due to blade liberation 3.0 BLADE TIP TIMING OPERATING PHILOSOPHY A fixed

Unit 6 Assignment

566 words - 3 pages Principle, as cited above, and respond to three real-life scenarios regarding ethical decision making within the field of criminal justice and policing. In considering each of the three scenarios, you are asked to respond to the following four questions: 1. Is there a moral problem presented in the scenario? If so, what is it? 2. Does policy or law dictate an appropriate response, or does it require that professional discretion be applied? 3

How September 11 Changed the Aviation Industry

1067 words - 5 pages -in have been taking away. The rule limiting concourse access to ticketed passengers came to pass. Increased inspections of luggage, airplanes, and airports were put in place to make the passengers feel that it is safe to fly. Liability The work on safety and security of society is based upon the principles of liability, decentralisation and conformity. Together these principles are the foundation for establishing efficient crisis prevention

Vote for Yuti

768 words - 4 pages infringement to the people and their goods, or a right to the subjective safety which would proscribe any feeling of fear ? What would be the nature of such a right: can we classify it, as do the dominant uses, among the human rights ? Moreover, can this right be mobilized by judges or is it simply a general principle without constraining value ? Lastly, the legitimacy of the recognition of such a right should be called into question, taking into

The Future of Crime Theory

893 words - 4 pages The Future of Crime Theory Researchers have debated crime causation for centuries. The major reason for developing theory on crime causation is to develop appropriate and effective prevention methods (Akers & Sellers, 2004). Most theories individualize and researchers consider select influences like biological, psychological, and sociological, crime predicators. Concerned only with the nature of crime, classical crime causation theory focuses

Ethical Issues and Principles with Gardasil

1682 words - 7 pages years of clinical trial, Gardasil has been proven to protect against four of about 40 types of HPV, according to the CDC's informational brochure. HPV strains 6 and 11 are responsible for 90 % of genital warts diagnosed in the United States, and HPV strains 16 and 18 are responsible for 70 % of cervical cancers (Centers for Disease Control and Prevention, 2013). More specifically, Gardasil is expected to reduce the incidence of HPV related genital

Childs Play

4115 words - 17 pages health and well-being have caused researchers and practitioners to think in terms of prevention. The public health prevention model emphasizes multiple layers of supports and services aimed to decrease risk factors and reduce disorders, in order to promote better outcomes (Kazak, 2006). In the case of young children, the principle of nurturing environments is proposed to prevent multiple problems and improve success (Mercy & Saul, 2009

Cctv Proposal

1723 words - 7 pages head at the digitised ‘Panopticon’ in the form of closed-circuit television surveillance. Much of the criminological literature regarding CCTV has had a main principle focus on how efficient visual surveillance systems are as a crime prevention instrument, whilst other criminologists have argued that the rapid growth in the use of CCTV is bound up with wider political transformations in advanced liberal democracies. Some writers for example

Related Papers

Health On The Net Essay

854 words - 4 pages are eight guidelines to follow. Two websites will be evaluated using this code to determine the validity of the information presented. The first website that is looked at using the HON code is a website designed to inform people regarding the prevention of suicide (Preventing Suicide Network, 2004). The first principle from the code deals with the authoritativeness of the information on the site. This website was very precise and thorough on

Neutrality, Solidaridy Essay

624 words - 3 pages that give priority to saving lives. Additionally, according to the latest alterations, prevention of wars and enforcement of justice and fairness are the major means of protecting human lives. The consequence of this modification is the need for adapting the older principles. However, a principle that should never be ignored is that of offering humanitarian aid whenever it is deemed necessary. For instance, in cases that people die because of

Community Psychology: Mental Health Vs Social Action

991 words - 4 pages prevalence, morbidity and mortality are highly correlated with poverty, urban air quality, indoor allergens, and lack of patient education and inadequate medical care (AAFA, 2012). Every year $18 million is spent on asthma alone in the U.S. The facts are readily available yet the costs are incurred every year probably because of a lack of awareness in many communities. The same principle may apply to cardiovascular diseases, AIDS prevention, diabetes

History Of Police Essay

951 words - 4 pages constructed by Sir Robert Peel, and his statement of, “the people are the police, and the police are people” (Johnson, & Wolfe, 2003). Robert Peel perceived that officers did not need to encroach into citizens lives when preventing criminal activity in communities. Peel created the principles that attributed to Community policing for crime prevention like neighborhood watch, and social institution programs for youth (Johnson, & Wolfe, 2003