The Precautionary Approach, Implementation and State Practice

Abstract

The term ‘implementation’ is used in the literature in narrow and broad forms. In brief, the narrow version sees implementation as referring to the transformation or incorporation of international obligations (with legally binding rules) and commitments (with non-legally binding rules) into national law only, whereas the broader version also includes changes in other forms of state practice (beyond the introduction and/or amendment of national legislation, including the application of general concepts in concrete circumstances) and target behaviour aimed at effectuating the requirements of the international instrument/national legislation. Further, conceptions differ as to who can be actors in implementing activities. In the narrow version, only states may implement international agreements, as national legislation is their remit. In the broad version, other actors can contribute to the implementation process, typically non-governmental organizations (NGOs) and international organizations, and implementation is understood as all activities deliberately and explicitly aimed at bringing the behaviour of target groups into line with the requirements of international agreements, and national legislation insofar as it reflects international commitments.