The Fragility of the Borders of Precautionary and Preventive Principles

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Moulaee Ayat; LOTFI HASSAN

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2019 | Volume:- | Issue:60 Page(s): 269-290

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Information Journal Paper

Title

The Fragility of the Borders of Precautionary and Preventive Principles

Author(s)

Moulaee Ayat | LOTFI HASSAN | Issue Writer Certificate

Keywords

Precautionary PrincipleQ1

Preventive PrincipleQ1

Scientific CertaintyQ1

Scientific UncertaintyQ1

DamageQ2

Abstract

Some legal principles have a close conceptual boundary between them so that researchers sometimes become confused in applying such principles. In this article, using the descriptive-analytic method, it has been tried to recognize the conceptual boundaries of precautionary and Preventive Principles from each other and to explain that the Precautionary Principle concerns Scientific Uncertainty from effects of the act and is exercisedbefore the start of the act. Whereas the Preventive Principle is applicable in the stage before the start of the act too, it is exercised when there is no Scientific Certainty to effects of the act. Therefore, in recognizing the boundaries of these principles, in spite of the longitudinal relationship existing between the two principles, there is a fragile boundary between them due to the existence of similar mechanisms and legal consequences.

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APA: Copy

Moulaee, Ayat, & LOTFI, HASSAN. (2019). The Fragility of the Borders of Precautionary and Preventive Principles. INTERNATIONAL LAW REVIEW, -(60 ), 269-290. SID. https://sid.ir/paper/409216/en

Vancouver: Copy

Moulaee Ayat, LOTFI HASSAN. The Fragility of the Borders of Precautionary and Preventive Principles. INTERNATIONAL LAW REVIEW[Internet]. 2019;-(60 ):269-290. Available from: https://sid.ir/paper/409216/en

IEEE: Copy

Ayat Moulaee, and HASSAN LOTFI, “The Fragility of the Borders of Precautionary and Preventive Principles,” INTERNATIONAL LAW REVIEW, vol. -, no. 60 , pp. 269–290, 2019, [Online]. Available: https://sid.ir/paper/409216/en

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