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Philippine Bar review · Question

Practice question: Precautionary Principle

Multiple Choice Hard

Practice question

A court treats precaution as relevant to interpreting environmental duties but separately examines the parties’ evidence and factual assertions. A litigant says using evidence proves the court rejected precaution. Which is best?
  1. Precaution and evidence can never coexist
  2. The positions are compatible under Pulp Mills; precaution does not automatically displace proof rules
  3. Any factual inquiry violates Rio Principle 15
  4. Only unsupported allegations count as precaution
  5. A party must choose either environmental law or facts

Legal references

  • ICJ, Pulp Mills on the River Uruguay, April 20, 2010, main judgment: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/135/135-20100420-JUD-01-00-EN.pdf; paragraphs 162-164.
  • Rio Declaration: https://www.cbd.int/doc/ref/rio-declaration.shtml; Principle 15.

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