Legal Techniques for Dealing with Scientific Uncertainty: The Contribution of International Environmental Law

Jorge E. Vinuales, Graduate Institute of International Studies

Abstract

The article analyzes how scientific uncertainty is handled in international environmental law. The author identifies ten legal techniques used for this purpose (i.e. precautionary reasoning, framework-protocol approach, advisory scientific bodies, law-making by treaty bodies, managerial approaches to compliance, prior informed consent, environmental impact assessment and monitoring, provisional measures, evidence, and facilitated liability) and link them to four different stages of the development of environmental regimes (i.e. advocacy, design, implementation, reparation). These techniques are illustrated by reference to some fifteen environmental treaties and other instruments, as well as through a detailed case-study focusing on the climate change regime.