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5 Climate L. 1 (2015)

handle is hein.journals/climatla5 and id is 1 raw text is: CLIMATE LAW (2015) 1-24 BRILL NIJHOFF brill.com/clIa Debate The Applicability of the Principle of Prevention to Climate Change: A Response to Zahar Benoit Mayer International Law Institute and Environmental Law Institute, Wuhan University bnt.mayer@gmaiLcom Abstract This is a response to Alexander Zahar's article in the previous issue of Climate Law. Zahar argued that 'the principle of prevention is neither applicable nor of relevance to the problem of climate change. Firstly, I discuss Zahar's scepticism toward state responsibility in the context of climate change. Secondly, I engage critically with Zahar's claim that the preventive principle only applies to the type of environmental damage that occurs in a short timeframe and in a confined space. I show that some sources of international law do recognize the applicability of the preventive princi- ple to damage to the global environment. Lastly, I dissent with Zahar's qualification of the climate regime as a derogation to the principle of prevention. I argue that the principle of prevention is a necessary corollary of the rights of states to territorial integrity, although the modalities of application of the principle need to be refined. Keywords principle of prevention - climate change - International Law Association I Alexander Zahar,'Mediated versus Cumulative Environmental Damage and the International Law Association's Legal Principles on Climate Change', 4(3-4) Climate Law 217 (2014), at 217 ( KONINKLIJKE BRILL NV, LEIDEN, 2015 DOI 10.1163/18786561-00501001