Document Type : Original Article
Authors
1 Department of Islamic and Private Law. School of Law and Political Sciences, Shiraz University, Shiraz, Iran
2 MA Student in International Trade Law, Department of Private and Islamic Law. School of Law and Political Sciences, Shiraz University. Shiraz. Iran
3 Department of Islamic and Private Law. School of Law and Political Sciences, Shiraz University. Shiraz. Iran
Abstract
While the precautionary principle has been articulated in various international legal instruments, its application remains subject to differing interpretations. Established to legitimize state-led precautionary measures against potential serious and irreversible environmental hazards, the principle stipulates that scientific uncertainty shall not justify postponing preventive action. Using a descriptive-analytical method, this research examines the principle's effects and application within international commercial relations between states and business companies. Despite significant challenges—including its inherent conflict with free trade, conceptual ambiguities, and its misuse by states for political and economic objectives—the principle's application in this arena is increasing. The most significant effects of the precautionary principle in regulating these relations include indirect influence through standard-setting and the creation of civil liability; imposition of obligations on states to monitor commercial markets and restrict hazardous products; direct incorporation into trade agreements and the jurisprudence of investment arbitration tribunals. Preventing the misuse of the principle by states necessitates transparency, novel risk assessment methods, and adherence to the principles of proportionality, least trade-restrictive measures, non-discrimination, and consistency.
Keywords
)