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Philippine Bar review · Question

Practice question: Precautionary Principle

Multiple Choice Hard

Practice question

A regulator receives plausible indications of potential significant environmental risks but dismisses them solely because every causal detail is not certain. A second official says precaution means every alleged risk is conclusively proven and compensation automatically follows. Applying the ICJ2025 main opinion and Rio15, which is best?
  1. The first official is always right.
  2. The second official is always right.
  3. Neither: plausible risks cannot simply be disregarded under due diligence, but precaution does not automatically prove injury, breach, or compensation.
  4. Both positions are identical.
  5. Precaution forbids all scientific investigation.

Legal references

  • Rio Declaration (1992), Principles1,3–5 and15: https://www.cbd.int/doc/ref/rio-declaration.shtml
  • ICJ, Obligations of States in respect of Climate Change, Advisory Opinion, July23 2025, main opinion, paragraphs158 and293–294: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/187/187-20250723-adv-01-00-en.pdf

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