Respected lecturer and dear friends, a very good morning.Our environmental theme today is about the prin.International environmental is most governed by principles with an aim to respect the essence of environment protection.Since there are quite a large number of environmental principles, for the time being, because of time constraint, my friends and I will both be talking on 2 principles each.To start with, please allow me to give a brief introduction upon the skeleton of our presentationIn a holistic point of view, for most of the principles, our content will be subdivided into: Definition and Concepts Characteristics of the principle Application of the principle Criticisms (if any) ConclusionWith this, I leave the floor to Firdosh.

PREVENTIVE PRINCIPLE1. Prevention in a nutshell

What is the principle of preventive approach?This principle requires the states to prevent damage to the environment and to reduce, limit or control activities which might cause or risk such damage (Sand, Principles of International Environmental Law)Preventative logic, which may be captured in the common-sense adagio that prevention is better than cure, has been a pervasive feature of environmental law and policy as it has formed the foundation of many international and national legal instruments aimed at environmental protection.The preventative principle, however, is a predominantly environmental concept.Curative measures may remediate environmental damage, but they come too late to avert it. In contrast, preventive measures do not depend on the appearance of ecological problems; they anticipate damage or, where it has already occurred, try to ensure it does not spread.

The interaction between the principle and the obligation not to cause environmental damage to the environment of other States or to areas beyond national jurisdictionConcerning the importance of the Prevention principle in Environmental Law, I would like to make reference to Principle 2 of the 1992 Rio Declaration on Environment and DevelopmentPursuant to Principle 2 of the 1992 Rio Declaration on Environment and Development, States have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. According to de Sadeleer, this can be seen as a manifestation of the principle of prevention. Moreover, the prevention principle was reiterated in the Rio Declaration and is almost universally believed to form part of customary international law. In fact, Rios Principle 2 is widely recognised to reflect a rule of customary international law, placing preventive duties on the right of States to carry out activities within their territory or under their jurisdiction.Accordingly, States find themselves bound by a due diligence requirement to prevent transboundary pollution. In other words, the State must have failed to show due diligence if it is to be held liable. However, customary law does not specify what diligent conduct entails or what concrete measures States are required to take in order to fulfill their duties under Rios Principle 2. Indeed, the obligation to prevent trans boundary harm is subject to a variety of interpretations as to what preventive actions may be required of a State, as well as what amount of damage is to be prevented.Not defined in the UNFCCCWhile the principle is not included as the principle within Article 3 of the UNFCCC, the principle of preventative action is encapsulated within the objective clause within Article 2, which requires the parties to prevent anthropocentric interference with the climate system.The 1972 Stockholm DeclarationThe principle constitutes a traditional and fundamental tenet of international environmental law and was enshrined in the 1972 Stockholm Declaration as the obligation of States to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction.

Obligations of the Prevention principle Not to cause significance damage to the environmental territoriallyAn obligation of prevention also emerges from the international responsibility not to cause significant damage to the environment territorially, but the preventive approach seeks to avoid harm irrespective of whether or not there is transboundary impact or international responsibility. Prior Assessment of potentially harmful activitiesOne obligation that flows from the concept of prevention is prior assessment of potentially harmful activities. Preventive mechanisms also include monitoring, notification, and exchange of information, all of which are obligations in almost all recent environmental agreements.

Legal application of the principle

Reference the the MOX Plant Case:Facts: Conflict between Ireland and the UK Plant designed to recycle the plutonium- during processing of nuclear energy Ireland contested the project Irelands request: Access of information from UK about the plant Ireland+ UK= Parties to the United Nations Convention on the Law of the Sea (UNCLOS), and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) In 2001, Ireland applied to the International Tribunal for the Law of the Sea (ITLOS) As a result: the ITLOS prescribed a provisional measure in December 2001,

It concerns a conflict between Ireland and the United Kingdom about the building and operation of the Mox Plant at Sellafield, on the Irish Sea. The plant was designed to recycle the plutonium produced during the reprocessing of nuclear fuel. Ireland contested this project since its beginning and requested access to information from the UK about the plant in order to protect the marine environment of the Irish Sea.

Both states were parties to the two treaties addressing the issue of environmental information: the United Nations Convention on the Law of the Sea (UNCLOS), and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention). In 2001, Ireland commenced dispute settlement proceedings under these treaties. In that case, Ireland applied to the International Tribunal for the Law of the Sea (ITLOS) for provisional measures that would restrain the UK from commissioning the plant As a result, the ITLOS prescribed a provisional measure in December 2001, ordering the parties to co-operate and to engage in consultations, including the exchange of information, without further delay.

How is the prevention principle applied? ITLOS considered the duty to cooperate in exchanging information concerning environmental risks as a fundamental principle in the prevention of pollution of the marine environment under the United Nations Convention on the Law of the Sea and general international law. The Prevention Principle and Mauritian Environmental Law By making reference to one section of the EPA 2002 of Mauritius, it can be seen that the approach is integrated in our legislation 11. Objects of the National Network for Sustainable DevelopmentThe objects of the National Network for Sustainable Development shall be to act as a forum for discussions and consultations on any matter relating to (d) development and implementation of an integrated approach to pollution prevention and control;Moreover, to affirm this point, according to the National Synthesis report 2012, Rio+20, UNCSD, Environmental sustainability in Mauritius is based on the Rio Principles which include the precautionary principle, the prevention approach, the polluter pays principle, environmental education and awareness as well as environmental governance and accountability.

CONCLUSIONIn a nutshell the objective of most international environmental instruments is to prevent environmental harm, whether they concern pollution of the sea, inland waters, the atmosphere, soil or the protection of human life or living resources where the prevention principle has a major role to play..

The next principle is about The Precautionary PrincipleSlide 1: Title: The Precautionary PrincipleDefinition and Concepts:

Slide 2:1. Defintion and Concepts:

The precautionary principle is an old concept with a new character.

The uncertainty surrounding potential threats to the environment has frequently been used as a reason to avoid taking action to protect the environment. However, it is not always possible to have clear evidence of a threat to the environment before the damage occurs. The Precautionary Principle is a response to this uncertainty.

The emergence of the precautionary principle

The precautionary principle has its beginnings in the German principle ofVorsorge.

As a fundamental principle of German environmental law, the precautionary principle had been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution.

Subsequently, this principle was incorporated into a number of regional environmental agreements in Europe. As a result, today, the precautionary principle is a common legal concept in national and international regulatory policies.

The precautionary principle in the context of environmental protection is essentially about the management of scientific risk. It is a fundamental component of the concept of ecologically sustainable development (ESD) and has been defined in Principle 15 of the Rio Declaration 1992 (refer to slide 3)

Principle 15 of the Rio Declaration (1992):

Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Although the term "measures" is not entirely clear it has generally been accepted to include actions by regulators such as the use of statutory powers to refuse environmental approvals to proposed developments or activities

Characteristics of the Precautionary principleFrom the case of Telstra Corporation Limited v Hornsby Shire Council, the characteristics of the precautionary principle concerning the emission of radiofrequency electromagnetic energy , the court has highlighted 3 characteristics of the principle(1) Situations where there is uncertainty.Where the threat is relatively certain (i.e. a causal link between an action and environmental damage can be established, the probability of occurrence can be calculated, and the damage insured against), measures may also need to be taken. (2) Threat to the environment

Second, there should be a threat of environmental damage. Where there is no indication of a threat of environmental harm, the principle will not apply;

And thirdly,(3) the threatened harm is of a serious or irreversible nature. Where threatened damage is trivial or easily reversible, the principle will not be relevant.

Application of the Precautionary PrincipleThe importance of the precautionary principle can be evidence by its presence in various international treaties under various categories. For instance In the preamble of the Montreal Protocol on Substances that Deplete the Ozone Layer, it has been mentioned that in order to protect the ozone layer precautionary measures is taken to control equitably total global emissions of substances that deplete it. Similar idea of the use of precautionary measures is seen in the Vienna Convention on the Protection of Ozone Layer. The precautionary principle is also accepted as the basis of the Cartegena Biosafety Protocol.

These are only a few of the treaties including the precautionary principle as its application extends even in issues dealing with biodiversity, sustainable development, watercourses, among others.

Mauritius Environmental sustainability in Mauritius is based on the Rio Principles which include the precautionary principle, the prevention approach, the polluter pays principle, environmental education and awareness as well as environmental governance and accountability- National Synthesis report 2012, Rio+20, UNCSD.))

Criticisms about the Precautionary principle (according to Peter Saunders)According to Peter Saunders, the criticisms about this principle among others include: Ill-defined: Critics sometimes complain that there are so many definitions of the precautionary principle that it cannot be taken seriously. In fact, those that are not covered by the description above come from opponents, each setting up his or her own straw man to knock down. Then, to add insult to injury, they say that anything with so many different definitions is obviously too vague to be useful. How?First, it creates the opportunity for arbitrary and unpredictable decisions by agencies, governments and courts. Second, it makes it very difficult for courts to perform their responsibility to ensure reasonableness of agency decisions. An example of this is when the EU applied the Precautionary Principle to ban the import of North American beef from animals treated with hormones, even though the EUs scientific committees and the WTO found no scientific rationale for the ban.

Incoherent: Others, evidently believing that the precautionary principle does lead to definite decisions, complain that because there can be risks on both sides of an action, it can ban what it simultaneously requires (Sunstein 2008). As above, the answer is that the role of the precautionary principle is to influence decision makers, not do their work for them.

ConclusionIn a nutshell, it means that if there is threat or risk of serious or irreversible damage to human health or the environment, precautionary actions must be taken even though there is lack of full certainty surrounding the issue.As a concluding note:The precautionary principle holds that When an activity raises threats of harm to human health or environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.