Edited by Geert Van Calster and Denise Prévost
Chapter 1: The precautionary principle in conflicts law perspectives
In this contribution, we pursue two objectives. The first is to explore a new potential of the conflicts law approach which has first been developed at the European University Institute in Florence and in the context of two interdisciplinary projects and proffered as the appropriate constitutional form for transnational law. The second is to discuss in an exemplary way instances of a conflicts law approach or a lack thereof in the jurisprudence of World Trade Organization (WTO) dispute settlement bodies and in European law dealing with the precautionary principle or with legal norms reflective of precautionary thinking. We do not aim to give an exhaustive overview of how the relevant laws and tribunals deal or have dealt with the precautionary principle or norms based on it. This, however, does not mean that the cases were selected at random. The cases we discuss are of exemplary systemic relevance for how the balance between trade and nontrade (health and environmental) concerns was struck in the legal texts under consideration.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.