The Precautionary Principle Relevance in 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
  • Introduction
  • 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. It aims to analyze the legal validity of the principle, examining its sources and its position within the contemporary international legal system. The study delves into the principle's historical development, its different formulations, and its application in addressing the global warming phenomenon. The paper also investigates the interplay between the precautionary principle and international customary law, highlighting its significance within the international legal framework.

• The precautionary principle in international law
• The application of the precautionary principle to climate change
• The legal validity of the precautionary principle
• The role of uncertainty in climate change decision-making
• The interplay between international conventional and customary law

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 introduces the topic of climate change and the precautionary principle, outlining the study's scope, objectives, and methodological approach. It discusses the challenges posed by climate change sceptics and the increasing scientific evidence of anthropogenic influence on the climate system.

Chapter 2 delves into the scientific understanding of climate change, exploring its historical development and the establishment of a global climate regime. It analyzes the "tragedy of the global commons" and discusses the role of human activity in altering the natural climate system.

Chapter 3 focuses on the precautionary principle, examining its origins, historical development, and different formulations. It discusses the criteria for precautionary action, addressing relevant issues and defenses. The chapter also analyzes the principle's definition under international law and the standard of proof associated with it.

Chapter 4 explores the application of the precautionary principle in the context of climate change. It analyzes the role of uncertainty in decision-making, contrasting the precautionary approach with the "wait-and-see" approach. The chapter also discusses the potential impacts of global warming and the role of the global community in addressing this issue.

Chapter 5 delves into the legal framework surrounding the precautionary principle, examining its sources in international law, particularly customary international law. It defines and analyzes the elements of international custom, investigating the applicability of the precautionary principle as customary law.

Schlüsselwörter (Keywords)

The primary keywords and focus topics of this thesis include the precautionary principle, climate change, international law, uncertainty, customary international law, treaties, and global warming. These terms represent the core concepts and research focus of the paper, encompassing the study's central theme of examining the legal validity and relevance of the precautionary principle in the context of climate change and international law.