PREVENTION AS LIABILITY

Abstract

In the face of irreversible environmental and technological threats, traditional reparatory liability is no longer sufficient. This article advocates for a “preventive liability” framework rooted in the precautionary principle, shifting the legal focus from compensating past harms to anticipating and avoiding future disasters. By analyzing European directives such as the CSDDD and landmark climate litigation from the CJEU and ECHR, the author demonstrates how due diligence and risk assessment can hold actors accountable for imminent threats. The study highlights critical sectors—including fast fashion, cobalt mining, and artificial intelligence—where proactive legal intervention could have prevented historical catastrophes.