“Prevention is better than cure:” A review of the precautionary principle as applied to public health policies in the Philippines

Clicks: 14
ID: 286394
2021
Free PDF
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This article has not been analysed, so there is no overall score — reader engagement is measured and shown alongside.
AI Quality Assessment
Not analyzed
Readership in this journal
Steady

Ranked #3,300 of 3,757 articles by views in Malay Journal

Most read Least read

Bar heights use a square-root scale. Only the 120 most-read articles are drawn; the journal has 3,757 in total.

Mint this article as an NFT
Not yet minted

Create a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.

5 SUSD one-off · no wallet required
Sign in to mint
Abstract
The precautionary principle is a well-recognized general principle under international environmental law that serves as an instrument to avoid uncertain, unpredictable, and unquantifiable harmful threats to the environment. Despite the seemingly limited application of the precautionary principle, the researchers deem it necessary to apply it in public health cases. In that regard, this thesis primarily aims to: first, to determine the legal status of the precautionary principle in the Philippine legal system, and second, to determine whether the precautionary principle, under the generally accepted principles of international law, applies to public health policies in the country. After a thorough study of the historical legal context of the creation of the precautionary principle, an in-depth look into surveys of foreign and international laws and cases, and analysis of Philippine statutes and jurisprudence, the researchers conclude that: first, the precautionary principle has been incorporated in several conventions and treaties, and was adopted by many countries in their domestic and regional laws, which is a positive indication that the said principle has become a customary international law; and second, these conventions, treaties, foreign laws, and Philippine statutes, while the precautionary principle is defined in various forms, have common essential elements, namely, “uncertainty, the threat of environmental damage or human health risks, and serious or irreversible harm,” and these elements applies not just to environmental cases, but also in instances where there appears a threat to the human health. Finally, in concluding so, the researchers recommend a framework for the application of the precautionary principle in public health policies in the Philippines. Keywords: international law, customary international law, precautionary principle, public health policies, preventive measures, human health risks, serious or irreversible harm
Reference Key
persistent_1760658444_68f1840c1f35c Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Julius Edward M. Guzman
Are you one of these authors? Claim your profile
Journal Malay Journal
Year 2021
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etdm_law/5
Keywords Keywords not found

Citations

No citations found. To add a citation, contact the admin at info@scimatic.org

Comments

No comments yet. Be the first to comment on this article.