ABSTRACT

The precautionary principle has evolved into a general principle of environmental protection at the international level. The question this paper asks is what is its status in international law? Two further questions follow, firstly, what binding legal treaties are there which create obligations to follow the precautionary principle, and secondly, is there sufficient evidence of the emergence of a customary international law rule requiring the adoption of the principle for those States which have not signed and ratified the relevant Treaties?