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This assessment must be made at the earliest possible stage of technical planning and decision-making processes, in line with the precautionary and preventionprinciples. The Court emphasized that courts must not use political discretion or defer to legislative choices to shirk their responsibility in preventingenvironmental harm.
Theoretically, a gap might involve subject matter, stringency, coverage, legal character, enforcement, resources, institutions, or political will. They should think creatively, drawing on the many innovations in the international environmental field. What matters most in implementing sound climate policies is domestic politics.
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