Conceptual Considerations on Applying the Precautionary Principle in Environmental Law Relationships

Abstract

The principle of prevention in environmental policy provides a conceptual basis for
the argument that the best environmental strategy is to prevent pollution and environmental
damage of any kind from occurring, rather than trying to remedy its effects. Prevention
involves, on the one hand, risk assessment to avoid hazards and, on the other hand, actions
based on knowledge of the present situation to avoid environmental degradation.
The implementation of effective preventive and precautionary measures requires a
thorough understanding of activities likely to generate environmental risks, of the hazardous
substances and materials involved, as well as of the mechanisms for managing and
controlling technological processes. Only through a rigorous assessment of these elements
can the principles of preventive responsibility and legal environmental protection be
coherently applied, in accordance with the requirements of both national and international
environmental law.
The purpose of the article is to approach the principle of prevention in a conceptual applicative way, which aims to study the field, the development of regulation, case law and
the difficulties that may arise in its application, as well as the interaction of the principle of
prevention with other principles in environmental law. Thus, the article states that the most
appropriate and effective environmental strategy is to prevent pollution and environmental
damage of any kind, rather than to repair its effects.