When in doubt, cases must be resolved in favor of
the constitutional right to a balanced and healthful
ecology.90
The precautionary approach has been confirmed by a group of
eminent experts in human rights, environmental, and international law. On
March 1, 2015 the Oslo Principles on Global Obligations to Reduce Climate
Change (Oslo Principles) were adopted. The experts found that states are
“bound by existing international law to assess the environmental impact of
their activities and to take measures to prevent the destructive effects of
climate change.”91 According to the Oslo General Principles, “[t]here is clear
and convincing evidence that the greenhouse gas (GHG) emissions produced
by human activity are causing significant changes to the climate and that
these changes pose grave risks of irreversible harm to humanity, including
present and future generations, to the environment, including other living
species and the entire natural habitat, and to the global economy.”92
According to the same Principle, the precautionary principle requires that:
1) GHG emissions be reduced to the extent, and at
a pace, necessary to protect against the threats
of climate change that can still be avoided; and
2) the level of reductions of GHG emissions
required to achieve this, should be based on any
credible and realistic worst-case scenario
accepted by a substantial number of eminent
climate change experts.93
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90
Id.
Legal Experts Release Oslo Principles on Global Climate Change Obligations, Press release, Mar. 30,
2015, available at https://web.law.columbia.edu/sites/default/files/microsites/climate.../release.docx
[emphasis added]. For a detailed discussion of the existing international law underpinning the Oslo
Principles, see Oslo Principles Commentary, available at
http://www.yale.edu/macmillan/globaljustice/Oslo%20Principles%20Commentary.pdf; J. Powles & T.
Kahn, Climate Change: At last a breakthrough to our catastrophic political impasse?, Mar. 31, 2015,
http://www.theguardian.com/commentisfree/2015/mar/30/climate-change-paris-talks-oslo-principles-legalobligations (last visited Sept. 17, 2015).
92
Oslo Principles on Global Obligations to Reduce Climate Change, Mar. 1 2015,
http://www.yale.edu/macmillan/globaljustice/Oslo%20Principles.pdf (last accessed on June 16, 2015) at 3.
93
Id.
91
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