The Precautionary Principle - International Law and Climate Change

Inhaltsverzeichnis (Table of Contents)

• Abstract
• Chapter 1
  • Introduction
  • Scope and Research Objectives
  • Conceptual Framework, Method and Materials
  • Limitations of the Study
  • Literature Review
• Chapter 2
  • Climate Change: The reality of a warming planet
  • The Tragedy of the Global Commons
  • The Science of Climate Change
    • Historical Development
    • Consensus Building
    • Consolidation of Expert Knowledge
    • The Road to New York
  • Establishment of a Global Climate Regime
• Chapter 3
  • The Precautionary Principle
  • Introduction
  • The Origin of the Precautionary Principle
  • Historical Development
  • The Precautionary Principle under Climate Change Regime
  • Different Formulations of Precaution
  • Criteria for Precautionary Action
  • Issues and Defences
  • Analysis of the Definition of Precautionary Principle under International Law
  • Standard of Proof
• Chapter 4
  • The Precautionary Principle and Climate Change
  • Uncertainty factor
  • The Precautionary Approach to global warming
  • Wait-and-see Approach
  • Impacts of Global Warming
  • The Role of Global Community
• Chapter 5
  • The Precautionary Principle and International Law
  • Introduction
  • Sources of international Law
  • Customary International Law
  • Definition and Elements of International Custom
  • Analysis of the Precautionary Principle as Custom
• Chapter 6
  • Conclusions
• References
• Table of Cases
• Table of Treaties and Declarations
• Other documents
• Interviews/Email Correspondence

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis explores the relevance of the precautionary principle in international law, particularly in the context of climate change. The study aims to examine the legal validity of the principle, analyze its historical development and different formulations, and assess its application in the global effort to address climate change.

• The Precautionary Principle in International Law
• Climate Change and Global Warming
• The Legal Validity of the Precautionary Principle
• The Application of the Precautionary Principle in the Climate Regime
• The Relationship between Uncertainty and the Precautionary Principle

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 introduces the thesis, outlining its scope, objectives, and the methodological approach. The chapter also reviews relevant literature on the precautionary principle and climate change.

Chapter 2 provides an overview of climate change, discussing the scientific evidence, the historical development of the global climate regime, and the ongoing debate surrounding the phenomenon.

Chapter 3 delves into the concept of the precautionary principle, examining its origin, historical development, different formulations, and the criteria for precautionary action.

Chapter 4 specifically focuses on the application of the precautionary principle to climate change, addressing the uncertainty factor and contrasting the precautionary approach with the wait-and-see approach.

Chapter 5 explores the legal basis for the precautionary principle, examining its roots in international customary law and analyzing its application in various international legal frameworks.

Schlüsselwörter (Keywords)

This thesis focuses on the precautionary principle as a crucial legal concept in international law, especially in the context of climate change. Key terms and themes include the precautionary principle, climate change, international law, customary international law, treaties, uncertainty, and global warming.