The precautionary principle in maritime affairs

Since the 1980s, the precautionary principle has been drawing more and more international attention. This became particularly clear during the series of Conferences on the Protection of the North Sea, which addressed marine environmental protection, and initiated the application of the principle into maritime affairs. Although a unified concept of the precautionary principle is lacking, some typical formulations have been concluded in regional treaties and international documents, and components of the principle can be summarised (Part I and Part II). The precautionary principle has been adopted by international documents involving different fields of law of the sea, and been addressed by international courts and tribunals (Part III). While the precautionary principle is still not part of customary international law (Part IV), its increasing level of worldwide acceptance suggests that it will become a customary international law in the future.

[1]  I. Seidl-Hohenveldern,et al.  Principles of Public International Law , 1970 .

[2]  G. Hewison The Precautionary Approach to Fisheries Management: An Environmental Perspective , 1996 .

[3]  Frank B. Cross,et al.  Paradoxical Perils of thePrecautionary Principle , 1996 .

[4]  P. Slovic Trust, Emotion, Sex, Politics, and Science: Surveying the Risk‐Assessment Battlefield , 1999, Risk analysis : an official publication of the Society for Risk Analysis.

[5]  S. Atapattu Emerging Principles of International Environmental Law , 2007 .

[6]  R. Löfstedt The precautionary principle - Risk, regulation and politics , 2003 .

[7]  W. Burke UNCED and the oceans , 1993 .

[8]  Neil A. Manson Formulating the Precautionary Principle , 2002 .

[9]  G. Handl Environmental Security and Global Change: The Challenge to International Law , 1991 .

[10]  Marc Mangel,et al.  IMPLEMENTING THE PRECAUTIONARY PRINCIPLE IN FISHERIES MANAGEMENT THROUGH MARINE RESERVES , 1998 .

[11]  René von Schomberg,et al.  Implementing the Precautionary Principle , 2006 .

[12]  Warwick Gullett,et al.  Protecting Public Health and the Environment: Implementing the Precautionary Principle , 2000 .

[13]  S. Garcia The Precautionary Principle: its implications in capture fisheries management , 1994 .

[14]  L. Fayette The OSPAR Convention Comes into Force: Continuity and Progress , 1999 .

[15]  R. Levins,et al.  The precautionary principle in environmental science. , 2001, Environmental health perspectives.

[16]  S. Marr The Precautionary Principle in the Law of the Sea: Modern Decision Making in International Law , 2003 .