The Application of the Strong Precautionary Principle: Suggestions for Sri Lanka

Abstract

The precautionary principle is a widely accepted and applied principle in Environmental Law. Academic literature recognizes two formulations of the precautionary principle: strong and weak. This research seeks to defend the strong precautionary principle based on Earth jurisprudence and to lay down suggestions to change the judicial attitude in Sri Lanka in the application of the precautionary principle while comparing the Sri Lankan judicial stance in this regard with that of India. The research is carried out using the black letter approach and the international and comparative research methodologies. This research would provide a guide to ensure that the precautionary principle is best utilized against human activities affecting the environment in Sri Lanka. It would also contribute to filling a long-felt lacuna in the existing literature on an in-depth discussion on the application of the precautionary principle in Sri Lanka.