This principle is the basis for european environmental law. The federal court of canada has applied the principle when considering the regulation of fish farms. Union of india, air 1996 sc 2715 case, the supreme court accepted that the precautionary principle is part of the environmental law of the country and shifted the burden of proof onto the developer or industrialist who is proposing to alter the status. 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 in environmental science 145.
Nowadays, it appears regularly in national legislation, in. 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 is designed to assist with decisionmaking under uncertainty and is a core principle of eu environmental law, enshrined in article 1912 of the treaty on the functioning of the eu. The role of precautionary principle in environmental protection of coastal area axel luttenbergerger scientific paper abstract the purpose as the environmental law recurrently operates in the areas complicated by high level of scientific uncertainty, the precautionary principle is now emerging as a principle of law. The precautionary principle in uk environmental law and. There is no universally accepted definition of the principle, or even agreement as to whether or not it is a principlesince the late. The most unambiguous elaboration of the precautionary principle thein german environmental policy is from a later.
General principles of international environmental law. Environmental law environmental law principles of environmental law. International journal of occupational medicine and environmental health, 2004. The precautionary principle was introduced into food law by regulation ec 1782002 63 although it has been well established in other areas of law, notably environmental law, and is provided for in article 191 tfeu 64 ex article 174 of the ec treaty. The words substance and activity imply substance or activity introduced as a result of human intervention. The precautionary principle has wide recognition in international law. This chapter can therefore be seen as the continuation of chapter 2, as it. The thesis also examines the precautionary principle in the context of international customary law. The precautionary principle, proposed as a new guideline in environmental decision making, has four central components. In many succeeding case laws before the court, it reiterated the precautionary principle and emphasised the need for scientific inputs for adequate action against harm to the environment.
The precautionary principle or precautionary approach is a strategy for approaching issues of potential harm when extensive scientific knowledge on the matter is lacking. Precautionary principle an overview sciencedirect topics. The vast field covers a broad range of topics in diverse legal settings, such as state bottlereturn laws in the. Born of environmental considerations, the precautionary principle has since matured. The precautionary principle is one of the most contentious principles in contemporary international legal developments. In the united states, the precautionary principle is not expressly mentioned in laws or policies. The law was passed in 1974 and covered all potential sources of air pollution, noise, vibrations and similar processes. An interesting question is, if the precautionary principle is accepted already as a general principle of international law in terms of art. It states that if there is risk of severe damage to humans and the environment, absence of incontrovertible, conclusive, or definite scientific proof is not a reason for inaction.
The precautionary principle whoeurope world health. Presentation is on two other key principles of environmental law. Environmental scientists play a key role in societys responses to environmental problems, and many of the studies they perform are intended ultimately to affect policy. The briefing concludes by setting out a series of key messages to assist those who are responsible for determining the content and status of the precautionary principle in the postbrexit uk part 9. The problem to be addressed in this article is related to the precautionary principle and its incorporation into the brazilian law. The precautionary principle has not been present in the field of international environmental law for very long, yet it has achieved a prominent position as a major topic of debate over the past ten years. Briefly stated, the precautionary principle ensures that a sub stance or activity posing a threat to the environment is prevented from adversely. The supreme court of canada has cited authors who state that the precautionary principle has become a norm of international law.
The precautionary principle states that serious environmental threats and health. Already long before 1990, the concept had been known and used in german environmental law see below, nr. Nevertheless it is well established that precautionary principle is an important principle of international environmental law and is gaining strength day by day. For example, it was one of these nations germany that put the precautionary principle on the international stage, and today with regard to environmental regulation in particular chemicals it is sweden. The classic definition of a precautionary approach comes from the 1992 rio declaration on. And in november 1987 the principle of precaution had figured in a.
History, function and manifestation of the preventive and the precautionary principles in international and in eu environmental law gerhard roller tuesday, march 2012 9. Costbenefit analysis, precautionary principle, risk assessment, technology options. Virally, the sources of international law, in manual of public international law 143 1968. The precautionary principle requires that, if there is a strong suspicion that a certain activity may have environmentally harmful consequences, it is better to control.
Development of an international standard sonia boutillon university of michigan law school follow this and additional works at. The principle was defined in similar terms3 by a declaration of ministers4 in bergen norway in 1990. This means that should the officials have any doubt regarding the environmental merits or demerits of a proposal, they can apply the precautionary principle and delay development or formal legislative approval, pending further investigations or evidence. 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. Brexit could kill the precautionary principle heres why. In the last decade the precautionary principle has entered into the lexicon of modern environmentalism with remarkable speed and stealth. Yes, for both sociopolitical and scientific reasons specific to dsm mining. The precautionary principle and international law, the. As it is beknown, this principle has been widely cited by brazilian case law and it is an important part of the legal. Is the precautionary principle relevant to deep sea mineral mining.
Critics argue that it is unscientific and an obstacle to progress. It considers the various thresholds for application of the precautionary principle. The key element to the precautionary principle is the declaration adopted at the second international conference on the protection of the north sea in london in 1987. The principle has been recognized in various forms in international agreements. The precautionary principle and international law, the challenge international environmental law and policy david freestone, ellen hey on.
In essence, it advocates the use of precaution in situations where some scientific uncertainty exists. Part of the environmental law commons, international trade law commons, and the organizations law commons recommended citation. If used intelligently, imaginatively and daringly, the precautionary principle will support efforts to. The precautionary principle seems to be infinitely con testable. The principles of international environmental law 3. They found it necessary to explain the meaning of the principles in more detail so that. It has become a guiding principle of modern international law and, increasingly, of national instruments and jurisprudence relating to protection of the environment and conservation of natural resources. The precautionary principle has been adopted universally in different environmental instruments. The precautionary principle in practice is likely to be regarded as one of the foundation studies on the implementation of the precautionary principle. Implementation of the precautionary principle marko ahteensuu abstract.
The precautionary principle in environmental science. The precautionary principle states that serious environmental threats and health hazards should be anticipated and that they ought to be forestalled before the realisation of damage even if scientific understanding of the risks is inadequate. This chapter explains that precaution is the end point of a range of public measures intended to counter ecological damage. It has been written in nonspecialist language to enable not only lawyers but also students, government officials, environmental activists, and. This principle is the basis for european environmental law, and plays an increasing role in developing environmental health policies as well. The precautionary principle unesco digital library. The precautionary principle precautionary principle. The precautionary principle in its simplest form states. In the european union, it was enshrined in article r 2i of the treaty of maastricht 1992, and reference is made to it. The challenge of implementing the precautionary principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Brexit could kill the precautionary principle heres why it matters so much for our environment.
The precautionary principle is accepted in india as a fundamental tool to promote sustainable development and is employed within indian environmental governance to promote better health and environmental decisions. Environmental law principles of environmental law britannica. The very fact that is, a principle of international environmental law has been questioned by many legal scholars. However, this does not take away the fact that the precautionary principle continues to be applied widely across sectors both internationally and nationally. The precautionary principle is one of the most popular legal approaches in the field of environmental law today. Environmental law, principles, policies, directives, and regulations enacted and enforced by local, national, or international entities to regulate human treatment of the nonhuman world. Precautionary principle the precautionary principle was arguably developed and originally implemented in germany and sweden, and it is these nations that remain the leading proponents of it. This paper seeks to assess the effectiveness of the precautionary principle for conservation units in brazil. The precautionary principle with application to the genetic modi. The united nations convention on the law of the sea unclos obligates countries to protect the marine environment, the international tribunal for the law of the sea itlos has. Peels book is one that i am sure will challenge and inform enormously scientists, academics and students. The law was passed in 1974 and covered all potential sources of air pollution, noise.
The purpose as the environmental law recurrently operates in the areas. It begins by identifying the meaning and scope of the precautionary principle in brazilian doctrine, jurisprudence and law, and presents the environmental legislation related to protected areas. So, precautionary principle is a principle which ensures that a substance or activity posing a threat to the environment is prevented from adversely affecting it, even if there is no conclusive scientific proof lining that particular substance or activity to the environmental damage. Scientific uncertainty is at the core of the precautionary principle. As one basic principle of international environmental law, the precautionary principle has been laid down or reflected in many multilateral environmental agreements. Whereas traditional approaches are reactive, this approach encourages action taking to antedate and prevent damage to the environment.
Some have argued against the recognition of precaution as a. The precautionary principle pp has rapidly emerged as a staple of international environmental law and attempts have been made to extend it into other fields. The precautionary principle is a mandate to address uncertainty and to ensure that potential, though not welldefined or understood, hazards are taken into account in decision making. The precautionary principle with application to the. 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. General principles of international environmental law may refer to rules of customary international law, to rules derived from.
981 329 304 1367 982 371 325 761 1168 153 1336 298 1269 60 354 281 698 1306 164 778 601 322 546 947 663 159 459 235 1419 1216 933 1405 1238 216 846