the Precautionary Principle in International Environmental Law: Application Beninese Legal System

The precautionary principle remains a principle of international environmental law with vague contours. "To protect the environment, precautionary measures must be widely applied by States in accordance with their capabilities." The debate surrounding this principle today centers on four key issues, namely (i) the multidimensional nature of the problems, which no longer allows for a distinction between the economic and natural spheres and is part of the broader phenomenon of globalization, (ii) the concern to distribute well-being equitably, not only among present-day individuals but also-which is even more difficult-without penalizing future generations, (iii) the seemingly irreversible nature of the consequences of current behaviors or choices, and (iv) the considerable uncertainty regarding the actual severity of these choices or behaviors, as well as the preferences of future generations. Our study aimed to present the efforts made by the Beninese government up to 2009 to apply the precautionary principle as recommended by international conventions and incorporated into domestic law.

Pagina's: 52, Paperback, Our Knowledge Publishing