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.

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