Il ruolo del principio di prevenzione e di precauzione nelle politiche pubbliche ambientali nel diverso contesto del diritto del rischio

This essay analyses the role of the precautionary and prevention principles in environmental public policies, reframing them within the broader context of the "law of risk". After tracing the genesis of these principles in international law — from the Stockholm Declaration to the Rio, Montreal and Johannesburg conferences and the EU Treaties — the author distinguishes their decisional and structural dimensions, highlighting how they operate as foundational pillars of environmental protection. The analysis then explores their contextualization in the light of sustainability and intergenerational responsibility, drawing on the Brundtland Report and the constitutional codification of sustainable development. Particular attention is devoted to the balancing between economic activities and environmental protection, emphasizing the multidimensional nature of sustainability (economic, ecological and social) and the carrying capacity of ecosystems. The essay concludes by reflecting on the systemic effectiveness of the precautionary logic, suggesting that prevention and precaution should be read together with the principles of sustainability and responsibility, ensuring a proactive governance of risk and the protection of present and future generations.