The Precautionary Principle, Multilateral Treaties and
the Formation of Customary International Law
the Formation of Customary International Law
Content
The status of the precautionary principle as a rule of customary international law (CIL) is still disputed. Surprisingly, not much attention has been paid to the underlying CIL theory pertaining to the formation of CIL.
This Booklet seeks to address this lacuna by offering a detailed CIL analysis, with a special focus on the relationship between CIL and multilateral (environmental) treaties in the CIL formation process. This Booklet also unravels the weaknesses of the existing CIL theory, and offers an overview of some other CIL approaches. This is relevant since the selection and interpretation of a CIL theory necessarily affects the debate on the precautionary principle as a rule of CIL. It is argued in this Booklet that the ‘classic’ CIL theory does not warrant a conclusion that the precautionary principle has acquired a CIL status, and that, conversely, only a revised approach towards the CIL formation process could support the view that it has.
This Booklet seeks to address this lacuna by offering a detailed CIL analysis, with a special focus on the relationship between CIL and multilateral (environmental) treaties in the CIL formation process. This Booklet also unravels the weaknesses of the existing CIL theory, and offers an overview of some other CIL approaches. This is relevant since the selection and interpretation of a CIL theory necessarily affects the debate on the precautionary principle as a rule of CIL. It is argued in this Booklet that the ‘classic’ CIL theory does not warrant a conclusion that the precautionary principle has acquired a CIL status, and that, conversely, only a revised approach towards the CIL formation process could support the view that it has.
References
Série Or, volume 5.
ISBN 2-940341-10-9.
Price if ordered directly from the publisher / Prix, si commandé directement chez l'éditeur:
CHF 62.- / EUR 38.- / USD 55.- (+ post expenses)
ISBN 2-940341-10-9.
Price if ordered directly from the publisher / Prix, si commandé directement chez l'éditeur:
CHF 62.- / EUR 38.- / USD 55.- (+ post expenses)