The principle of precaution and combating climate change In international law and national law

The United Nations Framework Convention on Climate Change devoted its third article to the precautionary principle and its role in combating climate change. This principle means taking temporary and proportionate measures with the aim of preventing the risk of serious or irreversible damage. In addition to international law’s interest in the precautionary principle, national law in Many countries give it great legislative attention as well.

Despite the important role played by the precautionary principle in this way, it seems that it has not received sufficient jurisprudential attention at the level of Arab countries. This research raises many subtle points related to the role of the precautionary principle in the field of climate change. By studying the conditions necessary for its application, and explaining its role in climate litigation.

As for the conditions for its application, the most important thing that these conditions raise is the idea of uncertainty, which is considered a basic condition for its application; because despite the major role played by the International Climate Change Group in researching the phenomenon of climate change since its establishment in 1988, the cases of uncertainty surrounding this phenomenon still have a wide place.



Finally, the concept of precaution plays a role in climate litigation. The precautionary principle has prompted jurisprudence to think deeply about developing the function of civil liability, as the principle has a preventive role while liability only exercises a remedial function, i.e. compensating for damages. Hence, the focus now is on strengthening the preventive function of civil liability. In addition, the precautionary principle plays an important role in amending the rules of evidence and reducing the burden of proving the causal relationship.