INTERACTIONS BETWEEN SUBSTANTIVE AND PROCEDURAL OBLIGATIONS IN PREVENTING ENVIRONMENTAL HARM

Abstract

I examine the preventionprinciple- one of the most important principles in international environmental law,in its internal structure and interaction mechanisms. I analyze respectively therequirements of the substantive and procedural obligations of the principle, as well as their connections throughrelevant environmental disputations such as the ‘Pulp Mills’and‘Certain Activities’case and international environmental conventions like the CBD and UNFCC.I conclude that substantive obligations act as guidance, while procedural obligations play an indispensable complementary role. Through the interactions, the prevention principle can thus provide clear instruction for courts tomake decisions inenvironmental pollution cases and for countries to perform their obligations in relevant affairs.