The precautionary and polluter pays principles

This second clip introduces the second and third general principle of international environmental law, namely the precautionary principle and the polluter pays principle. I hereby focus on both the procedural and substantive obligations that arise under both principles and how they are implemented in practice.

0:00 Introduction
0:21 The precautionary principle
1:00 Scientific uncertainty
2:33 Obligations under the precautionary principle
3:32 The burden of proof
4:42 The polluter pays principle
5:37 The "internationalization" of costs
6:54 Implementing the polluter pays principle
7:23 Public interest and int'l economic law

Reading:
• Jan Klabbers, International Law (4th ed., Cambridge University Press, 2023), chapter 14

Reading questions:
• What are procedural obligations and why are they so prevalent in international environmental law?
• The chapter mentions a few general principles of international environmental law. What are these and what is their legal status?
• In brief, what characteristics differentiate international environmental law from other domains of international law?

This video series was created for a second-year undergraduate course in public international law at University College Roosevelt in the Netherlands.