The purpose of this Article is to propose a fresh look at the origin and the legal nature of the in dubio pro natura principle in international and comparative law perspectives. The Article will demonstrate that it must be distinguished from the precautionary principle and will show the evolving practice in some countries. This practice is particularly significant because it locates the debate in the more general attitude of certain States to protect and put nature at the core of the legal reasoning. From this point of view, it would also be possible to trace global developmental trends by observing the use of the related legal formants. Moreover, the Article will eventually assess whether the in dubio pro natura has been consolidating as a regional custom, and will argue that, de jure condendo, it can be qualified as a general principle of international law.
The in dubio pro natura principle: an attempt of a comprehensive legal reconstruction
Serena Baldin
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2022-01-01
Abstract
The purpose of this Article is to propose a fresh look at the origin and the legal nature of the in dubio pro natura principle in international and comparative law perspectives. The Article will demonstrate that it must be distinguished from the precautionary principle and will show the evolving practice in some countries. This practice is particularly significant because it locates the debate in the more general attitude of certain States to protect and put nature at the core of the legal reasoning. From this point of view, it would also be possible to trace global developmental trends by observing the use of the related legal formants. Moreover, the Article will eventually assess whether the in dubio pro natura has been consolidating as a regional custom, and will argue that, de jure condendo, it can be qualified as a general principle of international law.| File | Dimensione | Formato | |
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