Exploring the Status and Content of the Precautionary Principle from the Perspective of the International Tribunal for the Law of the Sea

Abstract

The precautionary principle is a cornerstone of international environmental law, asserting that scientific uncertainty should not delay the implementation of effective and cost-efficient measures to prevent environmental degradation. This principle is crucial for the protection and preservation of the marine environment. Despite many international agreements mandating member states to adopt measures guided by the precautionary principle, ambiguities persist regarding its content and legal status. Notably, the 1982 United Nations Convention on the Law of the Sea lacks explicit provisions on the precautionary principle, yet its ethos is mirrored in several clauses. Over the past two decades, the International Tribunal for the Law of the Sea has had opportunities to adjudicate disputes invoking this principle, providing clarifications on its implications. This article explores the Tribunal’s developments and interpretations, aiming to elucidate how it perceives the precautionary principle and how states can fulfill their international obligations to protect the marine environment based on the precautionary principle. Additionally, it also explores the legal status of the principle.