The Applicability of the Precautionary Principle in International Investment Disputes: Science, Law, and Human Rights

DOI: https://doi.org/10.62517/jel.202414417

Author(s)

Ruojing Wang

Affiliation(s)

Guanghua Law School, Zhejiang University, Hangzhou, Zhejiang, China

Abstract

Against the backdrop of deepening globalization, international investment activities have surged, and environmental issues and disputes have become increasingly complex. Discussing the applicability of the precautionary principle will provide new ideas for the resolution of future disputes. This paper adopts a multidimensional analysis method, comprehensively exploring the applicability of the precautionary principle in international investment disputes from the perspectives of science, law, human rights protection, and sustainable development. The advancement of technology has laid a solid foundation for the application of this principle. From the legal perspective, the precautionary principle has been widely adopted by international treaties and domestic legislation. Moreover, it is linked to the obligation to protect human rights and aligns with the goals of achieving sustainable development and maintaining global environmental security. Therefore, the application of the precautionary principle in international investment disputes is necessary.

Keywords

Precautionary Principle; International Law; International Investment; Scientific Uncertainty; International Environment

References

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