A Comparative Perspective on the Precautionary Principle in Iranian Environmental Law and the Law of the European Union

Abstract

The precautionary principle is one of the key foundations in environmental risk management, addressing the evaluation of potential impacts of activities and processes on the environment. This principle, which first appeared in international instruments such as the Rio Declaration, has gradually evolved into a central concept in environmental policies and laws at both national and international levels. The objective of this principle is to limit harm to the environment and align preventive measures with new scientific and technological developments. Since the late 1980s, this concept has been incorporated into international agreements and domestic legislations. For example, Article 191 of the Treaty on the Functioning of the European Union explicitly refers to this principle. Moreover, it has been applied in the domestic laws and policies of countries such as France and Belgium, as well as in the European Union’s strategic directives for biodiversity protection. The precautionary principle emphasizes that preventive measures against risks must be implemented even when the causal link between the risk and potential damage is not definitively established. However, the application of this principle is sometimes confused with other legal concepts; therefore, its precise definition and clarification are essential for its correct implementation. This article conducts a comparative and analytical examination of the European Union’s approach to the precautionary principle and analyzes the Iranian legal system in this context. The aim of this comparison is to assess the current status of the precautionary principle in Iran’s laws and judicial practices in relation to an advanced legal system. Such analysis contributes to identifying Iran’s current developmental stage in this area and provides recommendations for establishing an effective legal framework.