Treich 21 explores the economic meaning of the precautionary principle from different approaches. The precautionary principle has been widely incorporated, in various forms, in international environmental agreements and declarations and further developed in a number of national laws. The precautionary principle unesco digital library. The conservative disposition and the precautionary principle. Jun 18, 2019 the precautionary principle counters such general presumptions. The principle provides guidance on a process for avoiding serious. The burden of evidence and proof is taken away from those who make unjustified and often whimsical claims and placed on the scientific community which, because it proceeds logically and rationally, is often. Principle definition of principle by merriamwebster.
Precautionary politics provides a comprehensive analysis of the precautionary principleits origins and development, its meaning and rationale, its theoretical context, and its policy implications. Environment management rule that if a threat of serious or irreversible damage to the environment or human health exists, a lack of full scientific knowledge about the situation should not be allowed to delay containment or remedial steps if the balance of potential costs and benefits justifies enacting them. Environmental law principles of environmental law britannica. The precautionary principle must be a general principle of eu law requires careful analysis and confirmation by the court of justice of the eu prior to brexit day represents a general principle of food law fidenato c11116, but not necessarily eu law based in part on eu commitment to achieving highlevel. The precautionary principle counters such general presumptions. Precautionary principle article about precautionary. There are multiple interpretations of the precautionary principle ranging from stronger interpretations, which essentially state that persuasive evidence of harm does not have to exist before measures are taken to protect individuals and society from the harm, to weaker interpretations which argue that actions taken to protect against a harm could be taken, but are not required, and the costs. From there, partly on the basis of the anticatastrophe principle mentioned by sunstein, we discuss the meaning of the precautionary principle for the fight against terrorism under criminal law. The precautionary principle is a strategy to cope with possible risks where scientific understanding is yet incomplete, such as the risks of nano technology, genetically modified organisms and systemic insecticides.
The precautionary principle synonyms, the precautionary principle pronunciation, the precautionary principle translation, english dictionary definition of the precautionary principle. May 12, 2000 f ew policies for risk management have created as much controversy as the precautionary principle. An element common to the various formulations of the precautionary principle is the recognition that lack of certainty regarding the threat. For the evaluation of most treatments, particularly drugs, it is not known in advance whether the treatment will give positive benefits in the form of an improved main outcome compared with a relevant comparator.
Precautionary principle law and legal definition uslegal. Precautionary meaning in the cambridge english dictionary. The precautionary principle enables decisionmakers to adopt precautionary measures when scientific evidence about an environmental or human health hazard is uncertain and the stakes are high. It is, by the treaty on european union 1992, the basis for european environmental law, and plays an increasing role in.
When there is uncertainty regarding the impacts of an activity, the precautionary principle advocates action to anticipate and avert environmental harm. Precaution means tak ing action to protect human health and the environ. The precautionary principle, evidencebased medicine, and. The principle status as follows in order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. The precautionary principle should not be used to try to avoid all risks. Nanotechnologies and the precautionary principle jennifer sass, ph.
Finally, the publication gives an overview of certain aspects of governance and the precautionary principle, namely risk governance, the sciencepolicy interface and the links between precaution and innovation. The precautionary principle is referred to as weak or strong in some cases, what does this mean. It first emerged during the 1970s and has since been enshrined in a number of international treaties on the environment, in the treaty on the functioning of the european union and the national. Food and drug safety ed soule the mcdonough school of business at georgetown university, washington, dc, usa abstract this article probes the advisability of regulating u. This future brief explores the role of the precautionary principle in eu law and policy, and examines key. The precautionary principle unesdoc unesco mafiadoc.
Born of environmental considerations, the precautionary principle has since matured into an ethical principle with a far broader scope and the potential value of the precautionary principle as a policy guide should be envisaged. In order to protect the environment, the precautionary approach. The precautionary principle specifies a rationale and legal basis for governmental action in the context of inconclusive scientific evidence. The current dialogue between the eu and the united states on the use and application of precaution is partly affected by confusion about the meaning of terms used in the debate. The precautionary principle is also a key component of the environment protection and biodiversity conservation act 1999 epbc act, a significant piece of legislation with broad applicability to environmental, natural resource management, and conservation activities. The precautionary principle or precautionary approach states that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is harmful, the burden of proof that it is not harmful falls on those taking the action.
The precautionary principle, originating in the field of environmental protection but now widely applied, is a major point for discussion in the regulation of risk. Various interpretations of the precautionary principle. The precautionary principle states that when an activity raises the threat of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not yet fully established scientifically, says author guy dauncey. This principle is the basis for european environmental law. The precautionary principle in environmental science 145. If used intelligently, imaginatively and daringly, the precautionary principle will support efforts to. The precautionary principle highlights this tight, challenging linkage between science and policy. The 32 authors of the statement are listed beneath the statement. There is considerable controversy over the meaning of the precautionary principle and its application. Precautionary principle definition of precautionary. The precautionary principle and the regulation of u.
Furthermore, whether there is a difference in meaning between precautionary defending the precautionary principle against three criticisms 369 principle and precautionary approach is not commonly agreed upon see e. Precautionary principle definition and meaning collins. When a scientific investigation proves that there is a possible risk in doing some activity, then this principle should be applied. Chem a constituent of a substance that gives the substance its characteristics and behaviour principle the basic initial assumption of any theory, teaching, science, world view, or political organization. Ebm is conservative in that its use will not allow the use of new. Beware the precautionary principle social research.
Full text the full text of this article is available as a pdf 66k. Precautionary principles are the foundations for policy when it has to deal with weakly understood causes of potential catastrophic or irreversible events, and where protective decisions require certain and costly policy interventions that may not. Van dyke during the past two decades, the precautionary principle has evolved from being a soft law aspirational goal to its present status as an authoritative norm recognized by governments and international organizations as. Woodward and bishop 22 confirm arrow and hurwicz 1 results applied to the nordhaus 14. When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some causeandeffect relationships are not fully established scientifically. The meaning of uncertainty is also more complex than might be apparent. The principle is used by policy makers to justify discretionary decisions in situations where there is the possibility of harm from making a certain decision e.
It is a bettersafethansorry approach, in contrast with the traditional reactive waitandsee approach to environmental protection. This chapter centers on the discussion around terrorism. Second extrinsic choice is the determination of the general level of protection or of the. Understanding and applying the precautionary principle to deep sea minerals mining in the pacific islands region. Principle is normally used as a noun meaning a fundamental basis of a system of thought or belief, as in this is one of the basic principles of democracy. Kerry whiteside looks at the application of the principle and the controversies it has stirred and compares european and american attitudes. The chapter concludes by assessing the principle from a more normative dimension. It considers the political status of the principle and the way in which it informs decisionmaking. Incomplete information, inconclusive evidence and public controversy can make it difficult to achieve consensus over the appropriate response. The precautionary principle states that if there is risk of severe damage to humans andor the environment, absence of incontrovertible, conclusive, or definite scientific proof is not a reason for inaction. The choice is sociopolitical and ethical in nature, and it should be based upon commonly accepted and relevant reasons. Strong versions of the precautionary principle obligate decision makers to take precautionary action, and therefore perhaps offers the greatest protection, however cannot differentiate. The evolution and international acceptance of the precautionary principle jon m. Understanding the precautionary principle the ocean foundation.
The meaning of the precautionary principle the uncertainty surrounding potential threats to the environment has frequently been used as a reason to avoid taking action to protect the environment. It states that in order to protect the environment every state should apply the principle to the best of their abilities. Principal, on the other hand, is normally an adjective meaning main or most important, as in one of the countrys principal cities. Wingspread statement on the precautionary principle.
A sociocultural and legal approach summary what is the precautionary principle. This chapter begins by examining the development of the precautionary principle into a general principle of eu law. Precautionary principle states that when an activity causes some threat or harm to the public or the environment, general precautionary measures should be taken. Defending the precautionary principle against three criticisms 367 example, marine and fisheries protection, the conservation of our natural environment, climate change and global warming regulation and debate, the protection of the ozone layer, the nuclear power risk, the risks of radio frequency electro. When human activities may lead to morally unacceptable harm that is. The invocation of the precautionary principle consists of two crucial elements. However, there is no universally accepted definition of the principle. Few policies for risk management have created more controversy than the precautionary principle. There are two definitions of precautionary principle which are widely acceptedthe first definition is given in the rio declaration of 1992. In particular, we shall examine the optimality of precautionary policies for. The pp may be applied to many aspects of healthcare evaluation.
Principle definition is a comprehensive and fundamental law, doctrine, or assumption. Precautionary principle environmental justice organisations. The precautionary principle is not just an issue for the european union eu. Defining precautionary principle is difficult since. On different types of uncertainties in the context of the. The precautionary principle precautionary principle. It has however become of increased importance in eu law. The precautionary principle has been reiterated in many forms in many documents, but the central message remains the same. The precautionary principle recognizes that delaying action until there is compelling evidence of harm will often mean that it is then too costly or impossible to. The precautionary principle in its simplest form states. Precaution definition of precaution by merriamwebster. The precautionary principle, proposed as a new guideline in environmental decision making, has four central components.
While the precautionary principle is found in some legal systems, such as germany, it is nonetheless relatively novel as a precept of administrative law. In the european union, it was enshrined in article r 2i of the treaty of maastricht 1992, and reference is made to it. Precautionary principle an overview sciencedirect topics. It is, by the treaty on european union 1992, the basis for european environmental law, and plays an increasing role in developing. While some scholars emphasize on terrorism as a risk, others alert on the limitations of thinking. Using the precautionary principle for the management of global commons in this section, wewill examine the implications of the pp for the management of global pollution problems. The principle provides guidance on a process for avoiding serious or irreversible harm under conditions of uncertainty.
A main problem is the extreme number of different definitions and interpretations. The precautionary principle is, however, a very useful one for consumer activists precisely because it prevents scientific debate. Introducing the precautionary approach, principle 15 of the 1992 rio declaration states that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing costeffective measures to prevent environmental degradation. The precautionary principle european commission europa eu. Precautionary principles are the foundations for policy when it has to deal with weakly understood causes of potential catastrophic or irreversible events, and where protective decisions require certain and costly policy interventions that may not solve the problem that they are designed to correct. The most universal description of the precautionary principle is that it seeks to impose early preventive measures to ward off even those risks for which we. In classifying endangered species, the precautionary principle means that if there is. The precautionary principle whoeurope world health. This future brief explores the role of the precautionary principle in eu law and policy, and examines key points of discussion drawn from the evidence. The similarities between oakeshotts account of the conservative disposition and the precautionary principle are obvious but perhaps superficial. Emerging in european environmental policies in the late 1970s 11, the principle has become enshrined in numerous international treaties and declarations. The precautionary principle in environmental science. When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some causeand.
What is the economic meaning of the precautionary principle. The precautionary principle states that serious environmental threats and health. The design and application of modern environmental law have been shaped by a set of principles and concepts outlined in publications such as our common future 1987, published by the world commission on environment and development, and the earth summits rio declaration 1992. The precautionary principle has been gaining prominence and profile and has become a guiding principle in modern thinking in environment and health a most welcome development for who and everyone engaged in public health. A rule in environment management which states that if serious damage can be caused to the environment and or to the health of a human being, immediate the law dictionary featuring blacks law dictionary free online legal dictionary 2nd ed. F ew policies for risk management have created as much controversy as the precautionary principle. Almost all definitions of the precautionary principle identify scientific uncertainties as the trigger or criterion for its invocation.
The precautionary principle is one of the important principles under the concept of sustainable development. Understanding and applying the precautionary principle to deep sea. Scientific uncertainty means that decision makers cannot appeal to adequate. However, it is not always possible to have clear evidence of a threat to the environment. The precautionary principle or precautionary approach is a broad epistemological. Thus, the precautionary principle favours monitoring, preventing andor mitigating uncertain potential threats. The precautionary principle invokes preventative action. The principle is to be applied in cases of potential adverse impacts on the environment or human health with serious consequences thus implying that.
1128 1195 834 371 954 628 320 337 1305 1364 1536 259 607 598 1104 439 352 359 1309 1527 1496 1569 1531 1454 210 335 1409 710 687 1226 558 926 492 209 470 260