The precautionary principle in international environmental law (with a special focus on the marine environment of Thailand)

Abstract

Although rather recently-emerged principle in the history of international environmental law, arguably, the precautionary principle is more controversial than other principles. Many questions are still unanswered which make further examination of the precautionary principle necessary. In relation to the Law of the Sea, the precautionary principle has been summoned to restrict various marine activities relating to marine pollution, fisheries, and transports of radioactive and hazardous substances, etc.

Indeed, the purpose of this study is to examine the present state of affairs regarding the implementation of the precautionary principle in the Law of the Sea, with a particular focus on marine pollution, in order to find a relationship therein. The thesis begins with an introduction into the history and some basic importance of the precautionary principle under general international law. It exemplifies the requirements for state practice as accepted custom, which would also be the applied standard for ultimately evaluating whether the precautionary principle has evolved into a rule of customary international law. Furthermore, in the subsequent part of the thesis, the implementations of the precautionary principle will be scrutinised through the (in-depth) analysis of treaties, declarations, resolutions, national laws and strategies (of Thailand, especially), which will paint numerous pictures of how the precautionary principle has been put into practice over the years. Finally, the main findings of these two parts are summarised.

The study shows that despite its ambiguity, the precautionary principle has direct and primary relevance for environmental protection. It recognises a legal character in the concept further than legislative processes, and a flexibility of interpretation within legal rules to boost environmental protection both at the international and national levels. A large number of publications on the precautionary principle have been made over recent years, but the need for explanation still remains. It is not claimed, but merely hoped that the outcomes of this study will put certain things in order.