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Study on the Precautionary Principle in Environmental Justice from the Perspective of Kunming Declaration

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DOI: 10.23977/law.2024.030209 | Downloads: 15 | Views: 197

Author(s)

Kaiyue Wang 1, Zheng Xing 1

Affiliation(s)

1 College of Marine Culture and Law, Dalian Ocean University, Dalian, Liaoning, 116000, China

Corresponding Author

Zheng Xing

ABSTRACT

A sound ecological environment is an important foundation for the sustainable and healthy development of mankind. The international community attaches more and more importance to the protection of the environment and biodiversity, and the process of the rule of law in global ecological protection is accelerating. The situation of protecting the ecological environment according to law has taken shape, while the destruction of the natural environment still exists. In many international environmental justice cases, the application of the precautionary principle and preventive justice measures is relatively few and insufficient. From the perspective of the Kunming Declaration, this paper clarifies the concept and theoretical basis of the Kunming Declaration and the precautionary principle, identifies the practical cases of the precautionary principle in international environmental law and analyzes its application status, summarizes the existing problems with the burden of proof, the inconsistency of relevant provisions and other problems, and makes clear and explicit provisions on the reasonable establishment of the burden of proof. It is conducive to improving the international environmental legal framework, enriching relevant legal theories, and proposing solutions that are more in line with the concept of environmental protection and sustainable development in order to strengthen the response to the global environmental judicial crisis, which is of great significance to promoting the development of international environmental rule of law and building a community of human and natural life.

KEYWORDS

Kunming Declaration, The precautionary principle, Preventive justice measure

CITE THIS PAPER

Kaiyue Wang, Zheng Xing, Study on the Precautionary Principle in Environmental Justice from the Perspective of Kunming Declaration. Science of Law Journal (2024) Vol. 3: 62-70. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030209.

REFERENCES

[1] Qin T B, Liu S Y. Review of China's biodiversity protection legal system in the context of the Convention on Biological Diversity negotiation [J]. Yuejiang Journal, 2019, 14(06):95-104.
[2] Yang Linping. Build consensus to maximize the effectiveness of environmental justice, Gather and assimilate Differences, and jointly promote the development of environmental rule of law: Interpretation of the Kunming Declaration of the World Congress on Environmental Justice [J]. Journal of Applicable Law, 2021,(11):3-12.
[3] Sun Hang. Relevant person in charge of Supreme People's Court accepts Interview on Kunming Declaration [N]. People's Court Journal, 2021,(002),05-29.
[4] [Fa] Alexander Keys. International Environmental Law. Trans. Zhang Ruosi, [M] Law Press, 2000:91.
[5] Xu Chengya. Principle of risk prevention in international environmental law. Heilongjiang Environmental Bulletin, 2023, 36(05):138-140. 
[6] Editorial Board of Peking University Law Encyclopedia. Peking University Law Encyclopedia: Civil law || Commercial law [M]. Beijing: Peking University Press,2004. 
[7] Wang Kongxiang. Study on Interim Measures ordered by the International Court of Justice [J]. Wuda Review of International Law,2022,6(04):101-122. 
[8] Zhu Mingxin. On Interim Measures directed by the International Court of Justice [J]. Ntu Law School, 2023, (05):55-73. 
[9] United Nations General Assembly, Report of the United Nations Conference on Environment and Development [R]. A/RES /47 /190 ( 1992) . 
[10] STEPHENS T. Article 198 // PROELSS A ,ed. United Nations Convention on the Law of the Sea: a commentary[C]. Hart/Nomos, München, 2017:1333-1337.
[11] Ma D Y, Chen Lu. The prevention system of Marine environmental damage under the United Nations Convention on the Law of the Sea: rules, judicial practice and approach [J].] Journal of Zhejiang Ocean University (Humanities Edition), 2023, 40(05):27-34. 
[12] Lu Wei, ZHAO Yinglu. Study on the impact of the Precautionary Principle of the Cartagena Biosafety Protocol on the SPS Agreement [C]// Shanghai Law Studies, Vol. 24, 2022 -- Collection of the Customs Rule of Law Research Institute of Shanghai Law Society. Guangzhou Customs Office; 2023:7.
[13] Appellate Body Report EC Measures concerning Meat and meat Product (Hormones), WT/DS26/AB/R WT/ DS48/AB/R 16 Jan. 1998 (adopted 13 Feb. 1998).
[14] Appellate Body Report, Japan-Measures Affecting the Importation of Apples, WT/DS245/AB/R 26 Nov., 2003 
[15] Daniel Kazhdan, Precautionary Pulp: Pulp Mills and the Evolving Dispute between International Tribunals over the Reach of the Precautionary Principle,[J]. Ecology Law Quarterly 2011, Vol. 38:527.
[16] ITLOS. Case Concerning Southern Bluefin Tuna (New Zealand v. Japan; Australia v. Japan), Provisional Measures, Order of 27 August 1999[R]. Hamburg: ITLOS, 1999. 
[17] The MOX Plant Case (Ireland v. United Kingdom), Provisional Measures, Order of 3 December 2001. 
[18] ITLOS. Case Concerning Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area, Advisory Opinion[R]. Hamburg: ITLOS, 2011.  
[19] Ma D Y, Chen Lu. The prevention system of Marine environmental damage under the United Nations Convention on the Law of the Sea: rules, judicial practice and approach [J]. Journal of Zhejiang Ocean University (Humanities Edition), 2023, 40(05):27-34.
[20] Pulp Mill on the River Uruguay (Argentina V. Uruguay), Judgment, (Apr.20. 2010).
[21] Zhao Jun, Chen Zhuoer. On the extended application of risk prevention Principle in climate litigation and China's response: A case study of "Friends of the Earth et al v. Shell Company" [J]. Journal of Zhengzhou University (Philosophy and Social Sciences Edition), 2023, 56(03):32-42.
[22] Cha Y, Yang F. "Yunnan Green Peacock case": the first preventive environmental civil public interest lawsuit on rare wild animals and plants protection in China [N]. People's Court Daily, 2022-03-07(003).

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