- Research Handbooks in International Law series
Edited by Malgosia Fitzmaurice, David M. Ong and Panos Merkouris
Chapter 10: The Precautionary Principle
10 The precautionary principle Minna Pyhälä, Anne Christine Brusendorff and Hanna Paulomäki Introduction The application of the precautionary principle is defined by the taking of measures to prevent potential harm to humans or the environment resulting from potentially damaging policies and actions in the face of scientific uncertainty. The concept embraces risk prevention, cost effectiveness, ethical responsibilities towards maintaining the integrity of natural systems, and the shortcomings of human understanding. The precautionary principle has since the mid-1980s been included in numerous international agreements regulating various environmental media. In addition to various hard and soft law instruments, there is widespread support for the precautionary principle in state practice and judicial opinion. The lack of rulings in favour of the precautionary principle in international courts, however, suggests that the principle is still only emerging as part of customary international law. This chapter gives an overview of the historical development of the precautionary principle from the preventative principle. An analysis of the various components of the principle is carried out, including the relationships between science, economics, ethics and politics. Emphasis is given to the lack of a clear definition, or guidelines for the interpretation of the principle’s components, which present a challenge to scientists and policy-makers in its application. Later in the chapter, examples are given of ways in which the precautionary principle has been and can be implemented. From repairing damage to acting with precaution: the evolution of the precautionary principle For a long time, the duty to prevent pollution...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.