SlideShare a Scribd company logo
1 of 13
Precautionary principle
The precautionary
principle (or precautionary approach)
to risk management 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 not harmful), the burden of
proof that it is not harmful falls on those
taking that action.
Origin and Theory
The concept "precautionary principle" is generally
considered to have arisen in English from a translation of
the German term Vorsorgeprinzip in the 1980s
Regarding international conduct, the first endorsement of
the principle was in 1982 when the World Charter for
Nature was adopted by the United Nations General
Assembly, while its first international implementation was
in 1987 through the Montreal Protocol. Soon after, the
principle integrated with many other legally binding
international treaties such as the Rio
Declaration and Kyoto Protocol.
Definition
Many definitions of the precautionary principle exist: Precaution may be
defined as "caution in advance," "caution practiced in the context of
uncertainty," or informed prudence . Two ideas lie at the core of the principle
 an expression of a need by decision-makers to anticipate harm before it
occurs. Within this element lies an implicit reversal of the onus of proof: under
the precautionary principle it is the responsibility of an activity-proponent to
establish that the proposed activity will not (or is very unlikely to) result in
significant harm.
the concept of proportionality of the risk and the cost and feasibility of a
proposed action
Application
The application of the precautionary principle is hampered by both lack of political
will, as well as the wide range of interpretations placed on it. One study identified
14 different formulations of the principle in treaties and non treaty
declarations. R.B. Stewart (2002) reduced the precautionary principle to four basic
versions:
Scientific uncertainty should not automatically preclude regulation of activities
that pose a potential risk of significant harm (Non-Preclusion PP).
Regulatory controls should incorporate a margin of safety; activities should be
limited below the level at which no adverse effect has been observed or predicted
(Margin of Safety PP).
Activities that present an uncertain potential for significant harm should be
subject to best technology available requirements to minimize the risk of harm
unless the proponent of the activity shows that they present no appreciable risk of
harm (BAT PP).
Activities that present an uncertain potential for significant harm should be
prohibited unless the proponent of the activity shows that it presents no
appreciable risk of harm (Prohibitory PP).
The World Charter for Nature, which was adopted by the UN General
Assembly in 1982, was the first international endorsement of the
precautionary principle. The principle was implemented in an international
treaty as early as the 1987 Montreal Protocol, and among other international
treaties and declarations is reflected in the 1992 Rio Declaration on
Environment and Development (signed at the United Nations Conference on
Environment and Development).
International agreements and declarations
Australia
The most important Australian court case so far, due to its exceptionally detailed consideration of the
precautionary principle, is Telstra Corporation Limited v Hornsby Shire Council.
The Principle was summarized by reference to the Protection of the Environment Administration Act 1991, which
itself provides a good definition of the principle
"If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be
used as a reasoning for postponing measures to prevent environmental degradation. In the application of the
principle… decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or
irreversible damage to the environment; and (ii) an assessment of risk-weighted consequence of various
options".
The most significant points of Justice Preston's decision are the following findings
1. The principle and accompanying need to take precautionary measures is "triggered" when two prior
conditions exist: a threat of serious or irreversible damage, and scientific uncertainty as to the extent of
possible damage.
2. Once both are satisfied, "a proportionate precautionary measure may be taken to avert the anticipated threat
of environmental damage, but it should be proportionate."
3. The threat of serious or irreversible damage should invoke consideration of five factors: the
scale of threat (local, regional etc.); the perceived value of the
threatened environment; whether the possible impacts are manageable; the level of public
concern, and whether there is a rational or scientific basis for the concern.
4. The consideration of the level of scientific uncertainty should involve factors which may
include: what would constitute sufficient evidence; the level and kind of uncertainty; and the
potential to reduce uncertainty.
5. The principle shifts the burden of proof. If the principle applies, the burden shifts: "a decision
maker must assume the threat of serious or irreversible environmental damage is… a reality
[and] the burden of showing this threat… is negligible reverts to the proponent…“
6. The precautionary principle invokes preventative action: "the principle permits the taking of
preventative measures without having to wait until the reality and seriousness of the threat
become fully known".
7. "The precautionary principle should not be used to try to avoid all risks.
8. The precautionary measures appropriate will depend on the combined effect of "the degree
of seriousness and irreversibility of the threat and the degree of uncertainty… the more
significant and uncertain the threat, the greater…the precaution required". "…measures
should be adopted… proportionate to the potential threats".
Japan
In 1997, Japan tried to use the consideration of the precautionary principle in a
WTO SPS Agreement on the Application of Sanitary and Phytosanitary
Measures case, as Japan's requirement to test each variety of agricultural
products (apples, cherries, peaches, walnuts, apricots, pears, plums and
quinces) for the efficacy of treatment against codling moths was challenged.
This moth is a pest that does not occur in Japan, and whose introduction has
the potential to cause serious damage. The United States claimed that it was
not necessary to test each variety of a fruit for the efficacy of the treatment, and
that this varietal testing requirement was unnecessarily burdensome.
Environment and health
Fields typically concerned by the precautionary principle are the possibility of:
Global warming or abrupt climate change in general
Extinction of species
Introduction of new and potentially harmful products into the environment,
threatening biodiversity (e.g., genetically modified organisms)
Threats to public health, due to new diseases and techniques (e.g., AIDS transmitted
through blood transfusion)
Long-term effects of new technologies (e.g. health concerns regarding radiation from cell
phones and other electronics communications devices)
Persistent or acute pollution (e.g., asbestos, endocrine disruptors)
Food safety (e.g., Creutzfeldt–Jakob disease)
Other new bio-safety issues (e.g., artificial life, new molecules )
Criticisms
Critics of the principle use arguments similar to those against other formulations of
technological conservatism.
1. Internal inconsistency – applying strong PP risks causing harm
Strong formulations of the precautionary principle, without regard to its most basic provisions
that it is to be applied only where risks are potentially high AND not easily calculable, applied
to the principle itself as a policy decision, may rule out its own use. The reason suggested is
that preventing innovation from coming to market means that only current technology may be
used, and current technology itself may cause harm or leave needs unmet; there is a risk of
causing harm by blocking innovation . As Michael Crichton wrote in his novel State of Fear:
"The 'precautionary principle', properly applied, forbids the precautionary principle." For
example, forbidding nuclear power plants based on concerns about risk means continuing to
rely on power plants that burn fossil fuels, which continue to release greenhouse gases. In
another example, the Hazardous Air Pollutant provisions in the 1990 amendments to the US
Clean Air Act are an example of the Precautionary Principle where the onus is now on
showing a listed compound is harmless. Under this rule no distinction is made between those
air Pollutants that provide a higher or lower risk, so operators tend to choose less-examined
agents that are not on the existing list.
2. Blocking innovation and progress generally
Because applications of strong formulations of the precautionary principle can be
used to block innovation, a technology which brings advantages may be banned by
precautionary principle because of its potential for negative impacts, leaving the
positive benefits unrealized.
The precautionary principle has been ethically questioned on the basis that its
application could block progress in developing countries.
3. Vagueness and plausibility
The precautionary principle calls for inaction in the face of scientific uncertainty, but
some formulations do not specify the minimal threshold of plausibility of risk that acts
as a "triggering" condition, so that any indication that a proposed product or activity
might harm health or the environment is sufficient to invoke the principle. In Sancho
vs. DOE, Helen Gillmor, Senior District Judge, wrote in a dismissal of Wagner's
lawsuit which included a popular worry that the LHC could cause "destruction of the
earth" by a black hole:
Injury in fact requires some "credible threat of harm." Cent. Delta Water Agency v.
United States, 306 F.3d 938, 950 (9th Cir. 2002). At most, Wagner has alleged that
experiments at the Large Hadrons Collider (the "Collider") have "potential adverse
consequences." Speculative fear of future harm does not constitute an injury in fact
sufficient to confer standing. Mayfield, 599 F.3d at 970.
Alisha Richard

More Related Content

What's hot

International Environmental Conferences, a short view
International Environmental Conferences, a short viewInternational Environmental Conferences, a short view
International Environmental Conferences, a short viewArjun Ariaratnam
 
Cbd convention on biological diversity, environment and ecology
Cbd convention on biological diversity, environment and ecologyCbd convention on biological diversity, environment and ecology
Cbd convention on biological diversity, environment and ecologysonalidalal4
 
Background of Environmental Laws: International Context
Background of Environmental Laws: International ContextBackground of Environmental Laws: International Context
Background of Environmental Laws: International ContextPreeti Sikder
 
Agenda 21
Agenda 21Agenda 21
Agenda 21dharnas
 
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002LeninVinod
 
Environments law Notes MBL-I
Environments law Notes MBL-IEnvironments law Notes MBL-I
Environments law Notes MBL-IVIVEK KUMAR
 
BRUNDTLAND REPORT : OUR COMMON FUTURE
BRUNDTLAND REPORT : OUR COMMON FUTUREBRUNDTLAND REPORT : OUR COMMON FUTURE
BRUNDTLAND REPORT : OUR COMMON FUTUREMIRAL SONI
 
Lecture-1 Understanding of Environmental Policy
Lecture-1 Understanding of Environmental PolicyLecture-1 Understanding of Environmental Policy
Lecture-1 Understanding of Environmental PolicyShankor Paul
 
Llb i el u 3.2 international law
Llb i el u 3.2 international lawLlb i el u 3.2 international law
Llb i el u 3.2 international lawRai University
 
International environment conventions 2
International environment conventions 2International environment conventions 2
International environment conventions 2virgo_az
 
Historical Background of Environmental Laws and Development Policies: Interna...
Historical Background of Environmental Laws and Development Policies: Interna...Historical Background of Environmental Laws and Development Policies: Interna...
Historical Background of Environmental Laws and Development Policies: Interna...Preeti Sikder
 

What's hot (20)

International Environmental Conferences, a short view
International Environmental Conferences, a short viewInternational Environmental Conferences, a short view
International Environmental Conferences, a short view
 
Earth summit
Earth summitEarth summit
Earth summit
 
Rio 1992
Rio 1992Rio 1992
Rio 1992
 
Cbd convention on biological diversity, environment and ecology
Cbd convention on biological diversity, environment and ecologyCbd convention on biological diversity, environment and ecology
Cbd convention on biological diversity, environment and ecology
 
Agenda21
Agenda21Agenda21
Agenda21
 
Agenda 21
Agenda 21Agenda 21
Agenda 21
 
Background of Environmental Laws: International Context
Background of Environmental Laws: International ContextBackground of Environmental Laws: International Context
Background of Environmental Laws: International Context
 
Agenda 21
Agenda 21Agenda 21
Agenda 21
 
agenda21
agenda21agenda21
agenda21
 
Stockholm Declaration
Stockholm DeclarationStockholm Declaration
Stockholm Declaration
 
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT 2002
 
40 Years of International Sustainability Governance by Arthur Lyon Dahl
40 Years of International Sustainability Governance by Arthur Lyon Dahl40 Years of International Sustainability Governance by Arthur Lyon Dahl
40 Years of International Sustainability Governance by Arthur Lyon Dahl
 
Environments law Notes MBL-I
Environments law Notes MBL-IEnvironments law Notes MBL-I
Environments law Notes MBL-I
 
BRUNDTLAND REPORT : OUR COMMON FUTURE
BRUNDTLAND REPORT : OUR COMMON FUTUREBRUNDTLAND REPORT : OUR COMMON FUTURE
BRUNDTLAND REPORT : OUR COMMON FUTURE
 
Unfccc Text
Unfccc TextUnfccc Text
Unfccc Text
 
Lecture-1 Understanding of Environmental Policy
Lecture-1 Understanding of Environmental PolicyLecture-1 Understanding of Environmental Policy
Lecture-1 Understanding of Environmental Policy
 
Llb i el u 3.2 international law
Llb i el u 3.2 international lawLlb i el u 3.2 international law
Llb i el u 3.2 international law
 
International environment conventions 2
International environment conventions 2International environment conventions 2
International environment conventions 2
 
Earth summit - bio pro.
Earth summit - bio pro.Earth summit - bio pro.
Earth summit - bio pro.
 
Historical Background of Environmental Laws and Development Policies: Interna...
Historical Background of Environmental Laws and Development Policies: Interna...Historical Background of Environmental Laws and Development Policies: Interna...
Historical Background of Environmental Laws and Development Policies: Interna...
 

Similar to Alisha Richard

Precautionary principle / Precautionary principle in environmental law.
Precautionary principle / Precautionary principle in environmental law.Precautionary principle / Precautionary principle in environmental law.
Precautionary principle / Precautionary principle in environmental law.Neha tiwari
 
Summary lecture 4 vac044
Summary lecture 4 vac044Summary lecture 4 vac044
Summary lecture 4 vac044Vaibhav Goyal
 
Controlling toxic substances 2012
Controlling toxic substances 2012Controlling toxic substances 2012
Controlling toxic substances 2012h-wilkinson
 
Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)
Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)
Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)morosini1952
 
The Precautionary Principle in International Environmental Law
The Precautionary Principle in International Environmental LawThe Precautionary Principle in International Environmental Law
The Precautionary Principle in International Environmental LawSHIVARAJ HUCHHANAVAR
 
Nlc Risk Assessment Training Part Ii Final
Nlc Risk Assessment Training Part Ii FinalNlc Risk Assessment Training Part Ii Final
Nlc Risk Assessment Training Part Ii FinalThanasisSShare
 
B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...
B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...
B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...b4fa
 
Precautionary Principle in Environmental Law
Precautionary Principle in Environmental LawPrecautionary Principle in Environmental Law
Precautionary Principle in Environmental LawAdarshJha101184
 
Environmental law- by Florencia Asquinazi
Environmental law- by Florencia AsquinaziEnvironmental law- by Florencia Asquinazi
Environmental law- by Florencia AsquinaziAdela Perez del Viso
 
Week 3 Occupational Hazards & Risk Spring 2010!!
Week 3 Occupational Hazards & Risk Spring 2010!!Week 3 Occupational Hazards & Risk Spring 2010!!
Week 3 Occupational Hazards & Risk Spring 2010!!sewhood
 
Precautionary principle and the polluter pay principle
Precautionary principle and the polluter pay principlePrecautionary principle and the polluter pay principle
Precautionary principle and the polluter pay principleAbdul-Baqi Alhassan
 
Reducing risk protecting people
Reducing risk protecting peopleReducing risk protecting people
Reducing risk protecting peopleRisman BizNet
 
Science and the Law
Science and the Law Science and the Law
Science and the Law IES / IAQM
 
Environmental Protection Act (EPA)
Environmental Protection Act (EPA)Environmental Protection Act (EPA)
Environmental Protection Act (EPA)Lucky
 
Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...
Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...
Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...AbulQassim1
 
Late lessons from early warnings: the precautionary principle 1896–2000
Late lessons from early warnings: the precautionary principle 1896–2000 Late lessons from early warnings: the precautionary principle 1896–2000
Late lessons from early warnings: the precautionary principle 1896–2000 morosini1952
 

Similar to Alisha Richard (20)

Precautionary principle / Precautionary principle in environmental law.
Precautionary principle / Precautionary principle in environmental law.Precautionary principle / Precautionary principle in environmental law.
Precautionary principle / Precautionary principle in environmental law.
 
Summary lecture 4 vac044
Summary lecture 4 vac044Summary lecture 4 vac044
Summary lecture 4 vac044
 
Controlling toxic substances 2012
Controlling toxic substances 2012Controlling toxic substances 2012
Controlling toxic substances 2012
 
SD-ESE-MERGED-PFDS.pdf
SD-ESE-MERGED-PFDS.pdfSD-ESE-MERGED-PFDS.pdf
SD-ESE-MERGED-PFDS.pdf
 
Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)
Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)
Choosing Chemicals for Precautionary Regulation: A Filter Series Approach (2005)
 
The Precautionary Principle in International Environmental Law
The Precautionary Principle in International Environmental LawThe Precautionary Principle in International Environmental Law
The Precautionary Principle in International Environmental Law
 
Nlc Risk Assessment Training Part Ii Final
Nlc Risk Assessment Training Part Ii FinalNlc Risk Assessment Training Part Ii Final
Nlc Risk Assessment Training Part Ii Final
 
ppt.pptx
 ppt.pptx ppt.pptx
ppt.pptx
 
B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...
B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...
B4FA 2012 Ghana: Regulatory Environment for Agricultural Biotechnology in Gha...
 
Precautionary Principle in Environmental Law
Precautionary Principle in Environmental LawPrecautionary Principle in Environmental Law
Precautionary Principle in Environmental Law
 
Environmental law- by Florencia Asquinazi
Environmental law- by Florencia AsquinaziEnvironmental law- by Florencia Asquinazi
Environmental law- by Florencia Asquinazi
 
Week 3 Occupational Hazards & Risk Spring 2010!!
Week 3 Occupational Hazards & Risk Spring 2010!!Week 3 Occupational Hazards & Risk Spring 2010!!
Week 3 Occupational Hazards & Risk Spring 2010!!
 
Precautionary principle and the polluter pay principle
Precautionary principle and the polluter pay principlePrecautionary principle and the polluter pay principle
Precautionary principle and the polluter pay principle
 
Reducing risk protecting people
Reducing risk protecting peopleReducing risk protecting people
Reducing risk protecting people
 
Science and the Law
Science and the Law Science and the Law
Science and the Law
 
Ethics and GM Crops
Ethics and GM CropsEthics and GM Crops
Ethics and GM Crops
 
Environmental Protection Act (EPA)
Environmental Protection Act (EPA)Environmental Protection Act (EPA)
Environmental Protection Act (EPA)
 
Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...
Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...
Analysis of the Precautionary Principle - Case Study of Enforcement of Enviro...
 
Precautionary principle pp
Precautionary principle ppPrecautionary principle pp
Precautionary principle pp
 
Late lessons from early warnings: the precautionary principle 1896–2000
Late lessons from early warnings: the precautionary principle 1896–2000 Late lessons from early warnings: the precautionary principle 1896–2000
Late lessons from early warnings: the precautionary principle 1896–2000
 

Recently uploaded

(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...ranjana rawat
 
See How do animals kill their prey for food
See How do animals kill their prey for foodSee How do animals kill their prey for food
See How do animals kill their prey for fooddrsk203
 
Poly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptx
Poly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptxPoly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptx
Poly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptxAgrodome projects LLP
 
VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130
VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130
VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130Suhani Kapoor
 
9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi
9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi
9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhidelih Escorts
 
Russian Call Girls Nashik Anjali 7001305949 Independent Escort Service Nashik
Russian Call Girls Nashik Anjali 7001305949 Independent Escort Service NashikRussian Call Girls Nashik Anjali 7001305949 Independent Escort Service Nashik
Russian Call Girls Nashik Anjali 7001305949 Independent Escort Service Nashikranjana rawat
 
Hi FI Call Girl Ahmedabad 7397865700 Independent Call Girls
Hi FI Call Girl Ahmedabad 7397865700 Independent Call GirlsHi FI Call Girl Ahmedabad 7397865700 Independent Call Girls
Hi FI Call Girl Ahmedabad 7397865700 Independent Call Girlsssuser7cb4ff
 
Dwarka Call Girls 9643097474 Phone Number 24x7 Best Services
Dwarka Call Girls 9643097474 Phone Number 24x7 Best ServicesDwarka Call Girls 9643097474 Phone Number 24x7 Best Services
Dwarka Call Girls 9643097474 Phone Number 24x7 Best Servicesnajka9823
 
Abu Dhabi Sea Beach Visitor Community pp
Abu Dhabi Sea Beach Visitor Community ppAbu Dhabi Sea Beach Visitor Community pp
Abu Dhabi Sea Beach Visitor Community pp202215407
 
Soil pollution causes effects remedial measures
Soil pollution causes effects remedial measuresSoil pollution causes effects remedial measures
Soil pollution causes effects remedial measuresvasubhanot1234
 
VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130
VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130
VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130Suhani Kapoor
 
(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...
(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...
(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...ranjana rawat
 
办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一
办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一
办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一F dds
 
9873940964 High Profile Call Girls Delhi |Defence Colony ( MAYA CHOPRA ) DE...
9873940964 High Profile  Call Girls  Delhi |Defence Colony ( MAYA CHOPRA ) DE...9873940964 High Profile  Call Girls  Delhi |Defence Colony ( MAYA CHOPRA ) DE...
9873940964 High Profile Call Girls Delhi |Defence Colony ( MAYA CHOPRA ) DE...Delhi Escorts
 
885MTAMount DMU University Bachelor's Diploma in Education
885MTAMount DMU University Bachelor's Diploma in Education885MTAMount DMU University Bachelor's Diploma in Education
885MTAMount DMU University Bachelor's Diploma in Educationz xss
 
Low Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service Bikaner
Low Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service BikanerLow Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service Bikaner
Low Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service BikanerSuhani Kapoor
 

Recently uploaded (20)

(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(RIYA) Kalyani Nagar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
 
See How do animals kill their prey for food
See How do animals kill their prey for foodSee How do animals kill their prey for food
See How do animals kill their prey for food
 
Poly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptx
Poly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptxPoly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptx
Poly-film-Prefab cover agricultural greenhouse-polyhouse structure.pptx
 
VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130
VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130
VIP Call Girls Service Bandlaguda Hyderabad Call +91-8250192130
 
9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi
9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi
9873940964 Full Enjoy 24/7 Call Girls Near Shangri La’s Eros Hotel, New Delhi
 
Call Girls In R.K. Puram 9953056974 Escorts ServiCe In Delhi Ncr
Call Girls In R.K. Puram 9953056974 Escorts ServiCe In Delhi NcrCall Girls In R.K. Puram 9953056974 Escorts ServiCe In Delhi Ncr
Call Girls In R.K. Puram 9953056974 Escorts ServiCe In Delhi Ncr
 
Russian Call Girls Nashik Anjali 7001305949 Independent Escort Service Nashik
Russian Call Girls Nashik Anjali 7001305949 Independent Escort Service NashikRussian Call Girls Nashik Anjali 7001305949 Independent Escort Service Nashik
Russian Call Girls Nashik Anjali 7001305949 Independent Escort Service Nashik
 
young call girls in Janakpuri🔝 9953056974 🔝 escort Service
young call girls in Janakpuri🔝 9953056974 🔝 escort Serviceyoung call girls in Janakpuri🔝 9953056974 🔝 escort Service
young call girls in Janakpuri🔝 9953056974 🔝 escort Service
 
Hi FI Call Girl Ahmedabad 7397865700 Independent Call Girls
Hi FI Call Girl Ahmedabad 7397865700 Independent Call GirlsHi FI Call Girl Ahmedabad 7397865700 Independent Call Girls
Hi FI Call Girl Ahmedabad 7397865700 Independent Call Girls
 
Dwarka Call Girls 9643097474 Phone Number 24x7 Best Services
Dwarka Call Girls 9643097474 Phone Number 24x7 Best ServicesDwarka Call Girls 9643097474 Phone Number 24x7 Best Services
Dwarka Call Girls 9643097474 Phone Number 24x7 Best Services
 
Gandhi Nagar (Delhi) 9953330565 Escorts, Call Girls Services
Gandhi Nagar (Delhi) 9953330565 Escorts, Call Girls ServicesGandhi Nagar (Delhi) 9953330565 Escorts, Call Girls Services
Gandhi Nagar (Delhi) 9953330565 Escorts, Call Girls Services
 
Abu Dhabi Sea Beach Visitor Community pp
Abu Dhabi Sea Beach Visitor Community ppAbu Dhabi Sea Beach Visitor Community pp
Abu Dhabi Sea Beach Visitor Community pp
 
Soil pollution causes effects remedial measures
Soil pollution causes effects remedial measuresSoil pollution causes effects remedial measures
Soil pollution causes effects remedial measures
 
VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130
VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130
VIP Call Girls Service Chaitanyapuri Hyderabad Call +91-8250192130
 
(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...
(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...
(NANDITA) Hadapsar Call Girls Just Call 7001035870 [ Cash on Delivery ] Pune ...
 
办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一
办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一
办理学位证(KU证书)堪萨斯大学毕业证成绩单原版一比一
 
9873940964 High Profile Call Girls Delhi |Defence Colony ( MAYA CHOPRA ) DE...
9873940964 High Profile  Call Girls  Delhi |Defence Colony ( MAYA CHOPRA ) DE...9873940964 High Profile  Call Girls  Delhi |Defence Colony ( MAYA CHOPRA ) DE...
9873940964 High Profile Call Girls Delhi |Defence Colony ( MAYA CHOPRA ) DE...
 
885MTAMount DMU University Bachelor's Diploma in Education
885MTAMount DMU University Bachelor's Diploma in Education885MTAMount DMU University Bachelor's Diploma in Education
885MTAMount DMU University Bachelor's Diploma in Education
 
Low Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service Bikaner
Low Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service BikanerLow Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service Bikaner
Low Rate Call Girls Bikaner Anika 8250192130 Independent Escort Service Bikaner
 
Model Call Girl in Rajiv Chowk Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Rajiv Chowk Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Rajiv Chowk Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Rajiv Chowk Delhi reach out to us at 🔝9953056974🔝
 

Alisha Richard

  • 1.
  • 2. Precautionary principle The precautionary principle (or precautionary approach) to risk management 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 not harmful), the burden of proof that it is not harmful falls on those taking that action.
  • 3. Origin and Theory The concept "precautionary principle" is generally considered to have arisen in English from a translation of the German term Vorsorgeprinzip in the 1980s Regarding international conduct, the first endorsement of the principle was in 1982 when the World Charter for Nature was adopted by the United Nations General Assembly, while its first international implementation was in 1987 through the Montreal Protocol. Soon after, the principle integrated with many other legally binding international treaties such as the Rio Declaration and Kyoto Protocol.
  • 4. Definition Many definitions of the precautionary principle exist: Precaution may be defined as "caution in advance," "caution practiced in the context of uncertainty," or informed prudence . Two ideas lie at the core of the principle  an expression of a need by decision-makers to anticipate harm before it occurs. Within this element lies an implicit reversal of the onus of proof: under the precautionary principle it is the responsibility of an activity-proponent to establish that the proposed activity will not (or is very unlikely to) result in significant harm. the concept of proportionality of the risk and the cost and feasibility of a proposed action
  • 5. Application The application of the precautionary principle is hampered by both lack of political will, as well as the wide range of interpretations placed on it. One study identified 14 different formulations of the principle in treaties and non treaty declarations. R.B. Stewart (2002) reduced the precautionary principle to four basic versions: Scientific uncertainty should not automatically preclude regulation of activities that pose a potential risk of significant harm (Non-Preclusion PP). Regulatory controls should incorporate a margin of safety; activities should be limited below the level at which no adverse effect has been observed or predicted (Margin of Safety PP). Activities that present an uncertain potential for significant harm should be subject to best technology available requirements to minimize the risk of harm unless the proponent of the activity shows that they present no appreciable risk of harm (BAT PP). Activities that present an uncertain potential for significant harm should be prohibited unless the proponent of the activity shows that it presents no appreciable risk of harm (Prohibitory PP).
  • 6. The World Charter for Nature, which was adopted by the UN General Assembly in 1982, was the first international endorsement of the precautionary principle. The principle was implemented in an international treaty as early as the 1987 Montreal Protocol, and among other international treaties and declarations is reflected in the 1992 Rio Declaration on Environment and Development (signed at the United Nations Conference on Environment and Development). International agreements and declarations
  • 7. Australia The most important Australian court case so far, due to its exceptionally detailed consideration of the precautionary principle, is Telstra Corporation Limited v Hornsby Shire Council. The Principle was summarized by reference to the Protection of the Environment Administration Act 1991, which itself provides a good definition of the principle "If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reasoning for postponing measures to prevent environmental degradation. In the application of the principle… decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment; and (ii) an assessment of risk-weighted consequence of various options". The most significant points of Justice Preston's decision are the following findings 1. The principle and accompanying need to take precautionary measures is "triggered" when two prior conditions exist: a threat of serious or irreversible damage, and scientific uncertainty as to the extent of possible damage. 2. Once both are satisfied, "a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate."
  • 8. 3. The threat of serious or irreversible damage should invoke consideration of five factors: the scale of threat (local, regional etc.); the perceived value of the threatened environment; whether the possible impacts are manageable; the level of public concern, and whether there is a rational or scientific basis for the concern. 4. The consideration of the level of scientific uncertainty should involve factors which may include: what would constitute sufficient evidence; the level and kind of uncertainty; and the potential to reduce uncertainty. 5. The principle shifts the burden of proof. If the principle applies, the burden shifts: "a decision maker must assume the threat of serious or irreversible environmental damage is… a reality [and] the burden of showing this threat… is negligible reverts to the proponent…“ 6. The precautionary principle invokes preventative action: "the principle permits the taking of preventative measures without having to wait until the reality and seriousness of the threat become fully known". 7. "The precautionary principle should not be used to try to avoid all risks. 8. The precautionary measures appropriate will depend on the combined effect of "the degree of seriousness and irreversibility of the threat and the degree of uncertainty… the more significant and uncertain the threat, the greater…the precaution required". "…measures should be adopted… proportionate to the potential threats".
  • 9. Japan In 1997, Japan tried to use the consideration of the precautionary principle in a WTO SPS Agreement on the Application of Sanitary and Phytosanitary Measures case, as Japan's requirement to test each variety of agricultural products (apples, cherries, peaches, walnuts, apricots, pears, plums and quinces) for the efficacy of treatment against codling moths was challenged. This moth is a pest that does not occur in Japan, and whose introduction has the potential to cause serious damage. The United States claimed that it was not necessary to test each variety of a fruit for the efficacy of the treatment, and that this varietal testing requirement was unnecessarily burdensome.
  • 10. Environment and health Fields typically concerned by the precautionary principle are the possibility of: Global warming or abrupt climate change in general Extinction of species Introduction of new and potentially harmful products into the environment, threatening biodiversity (e.g., genetically modified organisms) Threats to public health, due to new diseases and techniques (e.g., AIDS transmitted through blood transfusion) Long-term effects of new technologies (e.g. health concerns regarding radiation from cell phones and other electronics communications devices) Persistent or acute pollution (e.g., asbestos, endocrine disruptors) Food safety (e.g., Creutzfeldt–Jakob disease) Other new bio-safety issues (e.g., artificial life, new molecules )
  • 11. Criticisms Critics of the principle use arguments similar to those against other formulations of technological conservatism. 1. Internal inconsistency – applying strong PP risks causing harm Strong formulations of the precautionary principle, without regard to its most basic provisions that it is to be applied only where risks are potentially high AND not easily calculable, applied to the principle itself as a policy decision, may rule out its own use. The reason suggested is that preventing innovation from coming to market means that only current technology may be used, and current technology itself may cause harm or leave needs unmet; there is a risk of causing harm by blocking innovation . As Michael Crichton wrote in his novel State of Fear: "The 'precautionary principle', properly applied, forbids the precautionary principle." For example, forbidding nuclear power plants based on concerns about risk means continuing to rely on power plants that burn fossil fuels, which continue to release greenhouse gases. In another example, the Hazardous Air Pollutant provisions in the 1990 amendments to the US Clean Air Act are an example of the Precautionary Principle where the onus is now on showing a listed compound is harmless. Under this rule no distinction is made between those air Pollutants that provide a higher or lower risk, so operators tend to choose less-examined agents that are not on the existing list.
  • 12. 2. Blocking innovation and progress generally Because applications of strong formulations of the precautionary principle can be used to block innovation, a technology which brings advantages may be banned by precautionary principle because of its potential for negative impacts, leaving the positive benefits unrealized. The precautionary principle has been ethically questioned on the basis that its application could block progress in developing countries. 3. Vagueness and plausibility The precautionary principle calls for inaction in the face of scientific uncertainty, but some formulations do not specify the minimal threshold of plausibility of risk that acts as a "triggering" condition, so that any indication that a proposed product or activity might harm health or the environment is sufficient to invoke the principle. In Sancho vs. DOE, Helen Gillmor, Senior District Judge, wrote in a dismissal of Wagner's lawsuit which included a popular worry that the LHC could cause "destruction of the earth" by a black hole: Injury in fact requires some "credible threat of harm." Cent. Delta Water Agency v. United States, 306 F.3d 938, 950 (9th Cir. 2002). At most, Wagner has alleged that experiments at the Large Hadrons Collider (the "Collider") have "potential adverse consequences." Speculative fear of future harm does not constitute an injury in fact sufficient to confer standing. Mayfield, 599 F.3d at 970.