Paper's abstract

Sarah Cassella, The Dynamics of Precaution in the Fight against Climate Change
At first glance, precaution no longer plays a major role where the risks associated to climate change are concerned, the anthropogenic origin of climate change being now proven. Not surprisingly since these two approaches are part of a continuum, precaution seems to have given way to prevention. However, the risks generated by climate change have the particularity of being global risks both because of the multiplicity of the actors who initiated these risks and because of the extent of the damage resulting from them. But at least two elements of scientific uncertainty remain, regarding, on the one hand, the links between the global effects of climate change and these effects at a local level and, on the other hand, the possible interactions between multiple risks. In front of these variable elements of uncertainty, precaution is the slider determining the social acceptability of risks at a given moment. The precautionary approach is the origin and guiding principle of a research and decision-making process characterized by plurality: precautionary situations pave the way to varying degrees of precaution and different levels of precautionary measures. From a legal point of view, these dynamics appear in the process of risk identification, determination of the obligations of States and, finally, their commitment.

Key Words : Climate - global risks - due diligence
t. 62, 2020 : p. 131-150

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