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EU environmental law of the precautionary principle

Author: FengYing
Tutor: SunFaBai
School: Shandong University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: EU environmental law Environmental risks Precautionary principle
CLC: D996.9
Type: Master's thesis
Year: 2010
Downloads: 241
Quote: 0
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Abstract


Today's world, the rapid development of economy and technology, both to promote the progress of human society, it also brings a variety of risks and damage. Limited capacity of human understanding, it is difficult for some of the effects are given to determine the consequences of scientific conclusions, leading to the existence of many potential environmental risks. The traditional over-reliance on the precautionary principle to determine the scientific evidence, many consider the cost benefits and risks of environmental risks between economic factors, lack of consideration between the two political and social interests, so the face of increasingly complex environmental issues pale. Precautionary principle is a guiding ideology of new environmental laws, and its basic idea is to support prevention in advance, \. At the legislative level, the EU environmental law by the precautionary principle and the relevant German legislation relevant legislation affecting the international level, the main provisions of its legislation with the EU Basic \communique \In the judicial level, the European Court of Justice as the main body, has experienced under the principle of risk prevention related to the initial concept of judicial recognition of the precautionary principle in the early judicial shaping and recent case law on the precautionary principle confirmed three stages, through judicial decisions clarified the European Court of Justice on the precautionary principle in different periods to take different attitudes. In reality the application level, the EU applies the precautionary principle is not confined to the field of environmental protection, have a wider scope of application. Prevent its taking a cautious attitude by some countries regarded as trade protectionism \Precautionary principle applies in the EU has some characteristics depend on the specific range of socio-cultural and background. Between the EU Member States have different social and cultural backgrounds, leading to the application of the precautionary principle debate. The practical application of the precautionary principle difficulties mainly from some of the factors themselves and the international political and economic factors, to pass on the three basic elements of the precautionary principle, scientific uncertainty, risk threshold limits, appropriate measures were analyzed, and use constitutes a theoretical consideration of the precautionary principle to risk running under the constitutional framework for administrative improvement, the precautionary principle is the future development of the road.

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