تكريس مبدأ الحيطة في مجال البيئة : دور القانون و القضاء الدولي

الملخص EN

The precautionary principle was born in the field of the environment before it developed and became a subject of interest in other fields such as health and trade, themselves closely linked to the field of 'environment.

Despite the evolution that characterized the path of the precautionary principle, whether at national or international level, its initial appearance in domestic law before its transition to international law makes it a principle distinct from the rest of the principles governing the law of environment, in which international legislation is often a founding source before it is incorporated into national legislation, particularly with regard to environmental law, which has experienced rapid development at the international level.

On the other hand, it has hampered the fluctuation of case law and the judiciary regarding the legal nature of the precautionary principle, and the failure to explicitly recognize it of any legal nature, and the fact that this principle is entered in the list of customary legal principles or considered it is a guiding principle of public policy.

Although international justice has not ruled on the legal nature of the precautionary principle, it has recognized for it the important place it occupies in international and regional legal texts.

However, this implicit recognition is not sufficient to give the precautionary principle the legal value it deserves.

given its importance in the field of the environment in particular.