ABSTRACT

The principle of preventive action is associated with the concept of sustainable development. This principle means that states should take necessary measures to protect the environment and to prevent harm caused by activities on their territory, not only from a transboundary perspective but also from a global one. The precautionary principle is an advanced articulation of prevention that applies to risks framed with scientific uncertainty. The principle of preventive action finds its origin in the rules governing state liability. In international law, states have a responsibility to prevent damages they can cause outside their territory, in spite of their sovereignty over their natural wealth and resources. With respect to the protection of the environment, a correlating duty has emerged imposing on states the responsibility to control and correctly manage activities based on their territory if they can impact on the territory of another state.