Shall We Accept the Precautionary Principle in all Fields of Environmental Protection? Testing the Customary International Law Status of the Precautionary Principle of International Environmental Law

Abstract

The precautionary principle is an important principle of international environmental law that evolved and developed in the last half a century of struggle in environmental protection. But, unlike some other international environmental law principles, the customary international law status of the precautionary principle is highly debatable. Especially, the debate holds water while looking at the persistent objection of the United States in adopting the principle via the international environmental law of Biosafety Protocol. This paper, therefore, argues that the customary international law quest for precautionary principle lacks the element of opinio Juris and still an effort has to make for the customary international law status of the precautionary principle.