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The precautionary principle (or precautionary approach) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling,
unscientific The scientific method is an empirical method for acquiring knowledge that has characterized the development of science since at least the 17th century (with notable practitioners in previous centuries; see the article history of scientific me ...
and an obstacle to progress. In an engineering context, the precautionary principle manifests itself as the
factor of safety In engineering, a factor of safety (FoS), also known as (and used interchangeably with) safety factor (SF), expresses how much stronger a system is than it needs to be for an intended load. Safety factors are often calculated using detailed analy ...
, discussed in detail in the monograph of
Elishakoff Isaac Elishakoff is a Distinguished Research Professor in the Ocean and Mechanical Engineering Department in the Florida Atlantic University, Boca Raton, Florida. He is an authoritative figure in the broad area of mechanics. He has made several ...
. It was apparently suggested, in civil engineering, by Belindorde Bélidor, Bernard Forest, La science des ingénieurs, dans la conduite des travaux de fortification et d'architecture civile, Paris: Chez Claude Jombert 1729 in 1729. Interrelation between safety factor and reliability is extensively studied by engineers and philosophers. The principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision (e.g. taking a particular course of action) and conclusive evidence is not yet available. For example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. The principle acknowledges that while the progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. It implies that there is a
social responsibility Social responsibility is an ethical framework in which an individual is obligated to work and cooperate with other individuals and organizations for the benefit of the community that will inherit the world that individual leaves behind. Social ...
to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. These protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. The principle has become an underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. In some legal systems, as in
law of the European Union European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, the application of the precautionary principle has been made a
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
requirement in some areas of law.


Origins and theory

The concept "precautionary principle" is generally considered to have arisen in English from a translation of the German term '' Vorsorgeprinzip'' in the 1970s in response to
forest degradation Forest degradation is a process in which the biological wealth of a forest area is permanently diminished by some factor or by a combination of factors. "This does not involve a reduction of the forest area, but rather a quality decrease in its c ...
and
sea pollution Marine pollution occurs when substances used or spread by humans, such as industrial waste, industrial, agricultural pollution, agricultural and municipal solid waste, residential waste, particle (ecology), particles, noise, excess carbon dioxid ...
, where German lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that time. The concept was introduced into environmental legislation along with other innovative (at that time) mechanisms such as "polluter pays", principle of pollution prevention and responsibility for survival of future ecosystems. In 1988, Konrad von Moltke described the German concept for a British audience, which he translated into English as the precautionary principle. In economics, the Precautionary Principle has been analyzed in terms of "the effect on rational decision-making", of "the interaction of
irreversibility In science, a process that is not reversible is called irreversible. This concept arises frequently in thermodynamics. All complex natural processes are irreversible, although a phase transition at the coexistence temperature (e.g. melting of i ...
" and "
uncertainty Uncertainty refers to epistemic situations involving imperfect or unknown information. It applies to predictions of future events, to physical measurements that are already made, or to the unknown. Uncertainty arises in partially observable or ...
". Authors such as Epstein (1980) and Arrow and Fischer (1974) show that "irreversibility of possible future consequences" creates a "quasi- option effect" which should induce a "
risk In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environme ...
-neutral" society to favour current decisions that allow for more flexibility in the future. Gollier et al. conclude that "more scientific uncertainty as to the distribution of a future risk – that is, a larger variability of beliefs – should induce society to take stronger prevention measures today." The principle was also derived from religious beliefs that particular areas of science and technology should be restricted as they "belong to the realm of God", as postulated by
Prince Charles Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
and
Pope Benedict XVI Pope Benedict XVI ( la, Benedictus XVI; it, Benedetto XVI; german: link=no, Benedikt XVI.; born Joseph Aloisius Ratzinger, , on 16 April 1927) is a retired prelate of the Catholic church who served as the head of the Church and the sovereign ...
.


Formulations

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 Prudence ( la, prudentia, Contraction (grammar), contracted from meaning "seeing ahead, sagacity") is the ability to govern and discipline oneself by the use of reason. It is classically considered to be a virtue, and in particular one of th ...
. 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. One of the primary foundations of the precautionary principle, and globally accepted definitions, results from the work of the
Rio Conference The United Nations Conference on Environment and Development (UNCED), also known as the Rio Conference or the Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from June 3 to June 14, 1992. Earth S ...
, or "
Earth Summit The United Nations Conference on Environment and Development (UNCED), also known as the Rio Conference or the Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from June 3 to June 14, 1992. Earth Su ...
" in 1992. Principle 15 of the
Rio Declaration The Rio Declaration on Environment and Development, often shortened to Rio Declaration, was a short document produced at the 1992 United Nations "Conference on Environment and Development" (UNCED), informally known as the Earth Summit. The Rio Decl ...
notes: In 1998 Wingspread Statement on the Precautionary Principle was convened by the Science and Environmental Health Network and concluded with the following formulation,Staff, Science and Environmental Health Network. 26 January 199
Wingspread Conference on the Precautionary Principle
described by Stewart Brand as "the clearest and most frequently cited": In February 2000, the
Commission of the European Communities The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
noted in a ''Communication from the Commission on the Precautionary Principle'' that, "The precautionary principle is not defined in the
Treaties of the European Union The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures ...
, which prescribes it he Precautionary Principleonly once – to protect the environment. But in practice, its scope is much wider, and specifically where preliminary-objective-scientific-evaluation indicates that there are reasonable grounds for concern that potentially dangerous effects on the environment, human, animal or ndplant health may be inconsistent with the high level of protection or whatchosen for the Community."Commission of the European Communities. 2 February 200
Communication From The Commission on the Precautionary Principle
/ref> The January 2000
Cartagena Protocol on Biosafety The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement on biosafety as a supplement to the Convention on Biological Diversity (CBD) effective since 2003. The Biosafety Protocol seeks to prot ...
says, in regard to controversies over GMOs: "Lack of scientific certainty due to insufficient relevant scientific information ... shall not prevent the Party of port, in order to avoid or minimize such potential adverse effects, from taking a decision, as appropriate, with regard to the import of the living modified organism in question."


Application

Various interests being represented by various groups proposing the principle resulted in great variability of its formulation: 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''). * 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''). * 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''). * 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'').
Carolyn Raffensperger Carolyn E. Raffensperger is an environmental lawyer and the executive director of the Science & Environmental Health Network, as well as being a leading expert on the Precautionary Principle. She has authored a number of papers and publicatio ...
of the Wingspread convention placed the principle in opposition to approaches based on risk management and cost-benefit analysis. Dave Brower (
Friends of the Earth Friends of the Earth International (FoEI) is an international network of environmental organizations in 73 countries. The organization was founded in 1969 in San Francisco by David Brower, Donald Aitken and Gary Soucie after Brower's split with ...
) concluded that "all technology should be assumed guilty until proven innocent".
Freeman Dyson Freeman John Dyson (15 December 1923 – 28 February 2020) was an English-American theoretical physicist and mathematician known for his works in quantum field theory, astrophysics, random matrices, mathematical formulation of quantum m ...
described the application of precautionary principle as "deliberately one-sided", for example when used as justification to destroy genetic engineering research plantations and threaten researchers in spite of scientific evidence demonstrating lack of harm. As noted by Rupert and O'Riordan, the challenge in application of the principle is "in making it clear that absence of certainty, or there being insufficient evidence-based analysis, were not impediments to innovation, so long as there was no reasonable likelihood of serious harm". Lack of this nuanced application makes the principle "self-cancelling" according to Stewart Brand, because "nothing is fully established" in science, starting from the precautionary principle itself and including "gravity or Darwinian evolution". A balanced application should ensure that "precautionary measures should be" only taken "during early stages" and as "relevant scientific evidence becomes established", regulatory measures should only respond to that evidence.


Strong vs. weak

''Strong precaution'' holds that regulation is required whenever there is a possible risk to health, safety, or the environment, even if the supporting evidence is speculative and even if the economic costs of regulation are high. In 1982, the United Nations
World Charter for Nature The World Charter for Nature was adopted by United Nations member nation-states on October 28, 1982. It proclaims five "principles of conservation by which all human conduct affecting nature is to be guided and judged." # Nature shall be respected ...
gave the first international recognition to the strong version of the principle, suggesting that when "potential adverse effects are not fully understood, the activities should not proceed". The widely publicised Wingspread Declaration, from a meeting of environmentalists in 1998, is another example of the strong version. Strong precaution can also be termed as a "no-regrets" principle, where costs are not considered in preventative action. ''Weak precaution'' holds that lack of scientific evidence does not preclude action if damage would otherwise be serious and irreversible. Humans practice weak precaution every day, and often incur costs, to avoid hazards that are far from certain: we do not walk in moderately dangerous areas at night, we exercise, we buy smoke detectors, we buckle our seatbelts. According to a publication by the
New Zealand Treasury The New Zealand Treasury ( mi, Te Tai Ōhanga) is the central public service department of New Zealand charged with advising the Government on economic policy, assisting with improving the performance of New Zealand's economy, and managing fin ...
Department,


International agreements and declarations


"Principle" vs. "approach"

No introduction to the precautionary principle would be complete without brief reference to the difference between the precautionary ''principle'' and the precautionary ''approach''. Principle 15 of the Rio Declaration 1992 states that: "in order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall be not used as a reason for postponing cost-effective measures to prevent environmental degradation." As Garcia (1995) pointed out, "the wording, largely similar to that of the principle, is subtly different in that: it recognizes that there may be differences in local capabilities to apply the approach, and it calls for cost-effectiveness in applying the approach, e.g., taking economic and social costs into account." The "approach" is generally considered a softening of the "principle".


European Union

On 2 February 2000, the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
issued a Communication on the precautionary principle, in which it adopted a procedure for the application of this concept, but without giving a detailed definition of it. Paragraph 2 of article 191 of the
Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
states that After the adoption of the European Commission's communication on the precautionary principle, the principle has come to inform much EU policy, including areas beyond
environmental policy Environmental policy is the commitment of an organization or government to the laws, regulations, and other policy mechanisms concerning environmental issues. These issues generally include air and water pollution, waste management, ecosystem mana ...
. As of 2006 it had been integrated into EU laws "in matters such as general product safety, the use of additives for use in animal nutrition, the incineration of waste, and the regulation of genetically modified organisms". Through its application in
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
, it has become a "general principle of EU law". In Case T-74/00 ''Artegodan'', the General Court (then Court of First Instance) appeared willing to extrapolate from the limited provision for the precautionary principle in
environmental policy Environmental policy is the commitment of an organization or government to the laws, regulations, and other policy mechanisms concerning environmental issues. These issues generally include air and water pollution, waste management, ecosystem mana ...
in article 191(2)
TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
to a general principle of EU law.


France

In France, the Charter for the Environment contains a formulation of the precautionary principle (article 5):


United States

On 18 July 2005, the City of San Francisco passed a precautionary principle purchasing ordinance, which requires the city to weigh the environmental and health costs of its $600 million in annual purchases – for everything from cleaning supplies to computers. Members of the Bay Area Working Group on the Precautionary Principle contributed to drafting the Ordinance.


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 summarised by reference to the
NSW ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
''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: * 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. * Once both are satisfied, "a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate." * 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. * 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. * 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 ndthe burden of showing this threat... is negligible reverts to the proponent..." * 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". * "The precautionary principle should not be used to try to avoid all risks." * 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".


Philippines

A petition filed 17 May 2013 by environmental group Greenpeace Southeast Asia and farmer-scientist coalition Masipag (''Magsasaka at Siyentipiko sa Pagpapaunlad ng Agrikultura'') asked the appellate court to stop the planting of Bt eggplant in test fields, saying the impacts of such an undertaking to the environment, native crops and human health are still unknown. The Court of Appeals granted the petition, citing the precautionary principle stating "when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish the threat." Respondents filed a motion for reconsideration in June 2013 and on 20 September 2013 the Court of Appeals chose to uphold their May decision saying the ''bt talong'' field trials violate the people's constitutional right to a "balanced and healthful ecology." The Supreme Court on 8 December 2015 permanently stopped the field testing for Bt (Bacillus thuringiensis) talong (eggplant), upholding the decision of the Court of Appeals which stopped the field trials for the genetically modified eggplant. The court is the first in the world to adopt the precautionary principle regarding GMO products in its decision. The Supreme Court decision was later reversed following an appeal by researchers at the University of the Philippines Los Baños.


Corporate

Body Shop International, a UK-based cosmetics company, included the precautionary principle in their 2006 chemicals strategy.


Environment and health

Fields typically concerned by the precautionary principle are the possibility of: *
Global warming In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to E ...
or
abrupt climate change An abrupt climate change occurs when the climate system is forced to transition at a rate that is determined by the climate system energy-balance, and which is more rapid than the rate of change of the external forcing, though it may include sud ...
in general *
Extinction Extinction is the termination of a kind of organism or of a group of kinds (taxon), usually a species. The moment of extinction is generally considered to be the death of the last individual of the species, although the capacity to breed and ...
of species * Introduction of new products into the environment, with potential impact on
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic (''genetic variability''), species (''species diversity''), and ecosystem (''ecosystem diversity'') l ...
(e.g.,
genetically modified organisms A genetically modified organism (GMO) is any organism whose genetic material has been altered using genetic engineering techniques. The exact definition of a genetically modified organism and what constitutes genetic engineering varies, with ...
) * Threats to
public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
, due to new diseases and techniques (e.g., HIV 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 Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere b ...
,
endocrine disruptors Endocrine disruptors, sometimes also referred to as hormonally active agents, endocrine disrupting chemicals, or endocrine disrupting compounds are chemicals that can interfere with endocrine (or hormonal) systems. These disruptions can cause ca ...
) * Food safety (e.g.,
Creutzfeldt–Jakob disease Creutzfeldt–Jakob disease (CJD), also known as subacute spongiform encephalopathy or neurocognitive disorder due to prion disease, is an invariably fatal degenerative brain disorder. Early symptoms include memory problems, behavioral changes, ...
) * Other new
biosafety Biosafety is the prevention of large-scale loss of biological integrity, focusing both on ecology and human health. These prevention mechanisms include conduction of regular reviews of the biosafety in laboratory settings, as well as strict guidel ...
issues (e.g.,
artificial life Artificial life (often abbreviated ALife or A-Life) is a field of study wherein researchers examine systems related to natural life, its processes, and its evolution, through the use of simulations with computer models, robotics, and biochemistry ...
, new
molecule A molecule is a group of two or more atoms held together by attractive forces known as chemical bonds; depending on context, the term may or may not include ions which satisfy this criterion. In quantum physics, organic chemistry, and bioch ...
s) The precautionary principle is often applied to biological fields because changes cannot be easily contained and have the potential of being global. The principle has less relevance to contained fields such as
aeronautics Aeronautics is the science or art involved with the study, design, and manufacturing of air flight–capable machines, and the techniques of operating aircraft and rockets within the atmosphere. The British Royal Aeronautical Society identifies ...
, where the few people undergoing
risk In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environme ...
have given
informed consent Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
(e.g., a
test pilot A test pilot is an aircraft pilot with additional training to fly and evaluate experimental, newly produced and modified aircraft with specific maneuvers, known as flight test techniques.Stinton, Darrol. ''Flying Qualities and Flight Testing ...
). In the case of technological innovation, containment of impact tends to be more difficult if that technology can self-replicate.
Bill Joy William Nelson Joy (born November 8, 1954) is an American computer engineer and venture capitalist. He co-founded Sun Microsystems in 1982 along with Scott McNealy, Vinod Khosla, and Andy Bechtolsheim, and served as Chief Scientist and CTO at ...
emphasised the dangers of replicating genetic technology, nanotechnology, and robotic technology in his article in ''
Wired ''Wired'' (stylized as ''WIRED'') is a monthly American magazine, published in print and online editions, that focuses on how emerging technologies affect culture, the economy, and politics. Owned by Condé Nast, it is headquartered in San Fra ...
'', " Why the future doesn't need us", though he does not specifically cite the precautionary principle. The application of the principle can be seen in the public policy of requiring
pharmaceutical companies The pharmaceutical industry discovers, develops, produces, and markets drugs or pharmaceutical drugs for use as medications to be administered to patients (or self-administered), with the aim to cure them, vaccinate them, or alleviate symptoms. ...
to carry out
clinical trial Clinical trials are prospective biomedical or behavioral research studies on human participants designed to answer specific questions about biomedical or behavioral interventions, including new treatments (such as novel vaccines, drugs, dietar ...
s to show that new
medications A medication (also called medicament, medicine, pharmaceutical drug, medicinal drug or simply drug) is a drug used to diagnose, cure, treat, or prevent disease. Drug therapy (pharmacotherapy) is an important part of the medical field and rel ...
are safe. Oxford based philosopher Nick Bostrom discusses the idea of a future powerful
superintelligence A superintelligence is a hypothetical agent that possesses intelligence far surpassing that of the brightest and most gifted human minds. "Superintelligence" may also refer to a property of problem-solving systems (e.g., superintelligent languag ...
, and the risks should it attempt to gain atomic level control of matter. Application of the principle modifies the status of innovation and
risk assessment Broadly speaking, a risk assessment is the combined effort of: # identifying and analyzing potential (future) events that may negatively impact individuals, assets, and/or the environment (i.e. hazard analysis); and # making judgments "on the ...
: it is not the risk that must be avoided or amended, but a potential risk that must be prevented. Thus, in the case of regulation of scientific research, there is a third party beyond the scientist and the regulator: the consumer. In an analysis concerning application of the precautionary principle to
nanotechnology Nanotechnology, also shortened to nanotech, is the use of matter on an atomic, molecular, and supramolecular scale for industrial purposes. The earliest, widespread description of nanotechnology referred to the particular technological goal o ...
, Chris Phoenix and Mike Treder posit that there are ''two forms'' of the principle, which they call the "strict form" and the "active form". The former "requires inaction when action might pose a risk", while the latter means "choosing less risky alternatives when they are available, and ..taking responsibility for potential risks."
Thomas Alured Faunce Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the A ...
has argued for stronger application of the precautionary principle by chemical and health technology regulators particularly in relation to Ti02 and ZnO
nanoparticle A nanoparticle or ultrafine particle is usually defined as a particle of matter that is between 1 and 100 nanometres (nm) in diameter. The term is sometimes used for larger particles, up to 500 nm, or fibers and tubes that are less than 1 ...
s in sunscreens, biocidal nanosilver in waterways and products whose manufacture, handling or recycling exposes humans to the risk of inhaling multi-walled carbon nanotubes.


Resource management

Several natural resources like fish stocks are now managed by precautionary approach, through harvest control rules (HCRs) based upon the precautionary principle. The figure indicates how the principle is implemented in the
cod Cod is the common name for the demersal fish genus '' Gadus'', belonging to the family Gadidae. Cod is also used as part of the common name for a number of other fish species, and one species that belongs to genus ''Gadus'' is commonly not call ...
fisheries management proposed by the
International Council for the Exploration of the Sea The International Council for the Exploration of the Sea (ICES; french: Conseil International de l'Exploration de la Mer, ''CIEM'') is a regional fishery advisory body and the world's oldest intergovernmental science organization. ICES is headqu ...
. In classifying
endangered species An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching and inv ...
, the precautionary principle means that if there is doubt about an animal's or plant's exact
conservation status The conservation status of a group of organisms (for instance, a species) indicates whether the group still exists and how likely the group is to become extinct in the near future. Many factors are taken into account when assessing conservation ...
, the one that would cause the strongest protective measures to be realised should be chosen. Thus, a species like the
silvery pigeon The silvery pigeon (''Columba argentina''), also known as silvery wood-pigeon or grey wood-pigeon is a species of pigeon found in Indonesia and Malaysia. It was thought to be extinct but wild populations rediscovered in 2008 near Masokut Island m ...
that might exist in considerable numbers and simply be under-recorded or might just as probably be long extinct is not classified as "data deficient" or "extinct" (which both do not require any protective action to be taken), but as "critically endangered" (the conservation status that confers the need for the strongest protection), whereas the increasingly rare, but probably not yet endangered emerald starling is classified as "data deficient", because there is urgent need for research to clarify its status rather than for conservation action to save it from extinction. If, for example, a large ground-water body that people use for drinking water is contaminated by bacteria (e.g. Escherichia coli O157:H7, Campylobacter or
Leptospira ''Leptospira'' ( grc, leptos, italics=yes, 'fine, thin' and la, spira, links=no, 'coil') is a genus of spirochaete bacteria, including a small number of pathogenic and saprophytic species. ''Leptospira'' was first observed in 1907 in kidney ti ...
) and the source of contamination is strongly suspected to be dairy cows but the exact science is not yet able to provide absolute proof, the cows should be removed from the environment until they are proved, by the dairy industry, not to be the source or until that industry ensures that such contamination will not recur.


Animal sentience precautionary principle

Appeals to the precautionary principle have often characterized the debates concerning animal sentience – that is, the question of whether animals are able to feel "subjective experiences with an attractive or aversive quality", such as pain, pleasure, happiness, or joy – in relation to the question of whether we should legally protect sentient animals. A version of the precautionary principle suitable for the problem of animal sentience has been proposed by
LSE LSE may refer to: Computing * LSE (programming language), a computer programming language * LSE, Latent sector error, a media assessment measure related to the hard disk drive storage technology * Language-Sensitive Editor, a text editor used ...
philosopher Jonathan Birch: "The idea is that when the evidence of sentience is inconclusive, we should 'give the animal the benefit of doubt' or 'err on the side of caution' in formulating animal protection legislation." Since we cannot reach absolute certainty with regards to the fact that some animals are sentient, the precautionary principle has been invoked in order to grant potentially sentient animals "basic legal protections". Birch's formulation of the animal sentience precautionary principle runs as follows:This version of the precautionary principle consists of an epistemic and a decision rule. The former concerns the "evidential bar" that should be required for animal sentience. In other words, how much evidence of sentience is necessary before one decides to apply precautionary measures? According to Birch, only ''some'' evidence would be sufficient, which means that the evidential bar should be set at low levels. Birch proposes to consider the evidence that certain animals are sentient sufficient whenever "statistically significant evidence ... of the presence of at least one credible indicator of sentience in at least one species of that order" has been obtained. For practical reasons, Birch says, the evidence of sentience should concern the order, so that if one
species In biology, a species is the basic unit of classification and a taxonomic rank of an organism, as well as a unit of biodiversity. A species is often defined as the largest group of organisms in which any two individuals of the appropriate s ...
meets the conditions of sentience, then all the species of the same order should be considered sentient and should be thus legally protected. This is due to the fact that, on the one hand, "to investigate sentience separately in different orders" is feasible, whereas on the other hand, since some orders include thousands of species, it would be unfeasible to study their sentience separately. What is more, the evidential bar should be so low that only ''one'' indicator of sentience in the species of a specific order will be sufficient in order for the precautionary principle to be applied. Such indicator should be "an observable phenomenon that experiments can be designed to detect, and it must be credible that the presence of this indicator is explained by sentience". Lists of such criteria already exist for detecting animal pain. The aim is to create analogous lists for other criteria of sentience, such as happiness, fear, or joy. The presence of one of these criteria should be demonstrated by means of experiments which must meet "the normal scientific standards". Regarding the second part of the animal sentience precautionary principle, the decision rule concerns the requirement that we have to act once there is sufficient evidence of a seriously bad outcome. According to Birch, "we should aim to include within the scope of animal protection legislation all animals for which the evidence of sentience is sufficient, according to the standard of sufficiency outlined
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. In other words, the decision rule states that once the aforementioned low evidential bar is met, then we ''should'' act in a precautionary way. Birch's proposal also "deliberately leaves open the question of how, and to what extent, the treatment of these animals should be regulated", thus also leaving open the content of the regulations, as this will largely depend on the animal in question.


Criticisms

Critics of the principle use arguments similar to those against other formulations of technological conservatism.


Internal inconsistency: applying strong PP risks causing harm

Strong formulations of the precautionary principle, without regard to its most basic provisions (i.e., that it is to be applied only where risks are potentially catastrophic ''and'' not easily calculable), when applied to the principle itself as a policy decision, beats its own purpose of reducing risk. 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.Brown, Tracey (9 July 201
The precautionary principle is a blunt instrument
''
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'', Retrieved 9 August 2013
As
Michael Crichton John Michael Crichton (; October 23, 1942 – November 4, 2008) was an American author and filmmaker. His books have sold over 200 million copies worldwide, and over a dozen have been adapted into films. His literary works heavily feature tech ...
wrote in his novel ''
State of Fear ''State of Fear'' is a 2004 techno-thriller novel by Michael Crichton, his fourteenth under his own name and twenty-fourth overall, in which eco-terrorists plot mass murder to publicize the danger of global warming. Despite being a work of ficti ...
'': "The 'precautionary principle', properly applied, forbids the precautionary principle."Merchant, G et al
Impact of the Precautionary Principle on Feeding Current and Future Generations
CAST Issue Paper 52, June 2013
For example, forbidding
nuclear power Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced b ...
plants based on concerns about low-probability high-impact risks means continuing to rely on power plants that burn fossil fuels, which continue to release
greenhouse gas A greenhouse gas (GHG or GhG) is a gas that Absorption (electromagnetic radiation), absorbs and Emission (electromagnetic radiation), emits radiant energy within the thermal infrared range, causing the greenhouse effect. The primary greenhouse ...
es and thousands of certain deaths from
air pollution Air pollution is the contamination of air due to the presence of substances in the atmosphere that are harmful to the health of humans and other living beings, or cause damage to the climate or to materials. There are many different types ...
. In 2021 in response to early reports about rare blood clots seen in 25 patients out of 20 million vaccinated by Astra-Zeneca COVID-19 vaccine a number of European Union member states suspended the use of the vaccine, quoting the "precautionary principle". This was criticized by other EU states who refused to suspend the vaccination program, declaring that the "precautionary" decisions are focusing on the wrong risk, as delay in a vaccination program results in a larger number of certain deaths than any yet unconfirmed complications. 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.


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 unrealised.Sunstein, Cass R
The Paralyzing Principle: Does the Precautionary Principle Point us in any Helpful Direction?
Regulation, Winter 2002–2003, The Cato Institute.
The precautionary principle has been ethically questioned on the basis that its application could block progress in developing countries.


Vagueness and plausibility

The precautionary principle calls for action 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 A black hole is a region of spacetime where gravitation, gravity is so strong that nothing, including light or other Electromagnetic radiation, electromagnetic waves, has enough energy to escape it. The theory of general relativity predicts t ...
:


The precautionary dilemma

The most commonly pressed objection to the precautionary principle ties together two of the above objections into the form of a dilemma. This maintains that, of the two available interpretations of the principle, neither are plausible: weak formulations (which hold that precaution in the face of uncertain harms is permissible) are trivial, while strong formulations (which hold that precaution in the face of uncertain harms is ''required'') are incoherent. On the first horn of the dilemma Cass Sunstein states: If all that the (weak) principle states is that it is permissible to act in a precautionary manner where there is a possible risk of harm, then it constitutes a trivial truism and thus fails to be useful. If we formulate the principle in the stronger sense however, it looks like it rules out ''all'' courses of action, including the precautionary measures it is intended to advocate. This is because, if we stipulate that precaution is ''required'' in the face of uncertain harms, and precautionary measures also carry a risk of harm, the precautionary principle can both demand and prohibit action at the same time. The risk of a policy resulting in catastrophic harm is always ''possible''. For example: prohibiting genetically modified crops risks significantly reduced food production; placing a moratorium on nuclear power risks an over-reliance on coal that could lead to more air pollution; implementing extreme measures to slow global warming risks impoverishment and bad health outcomes for some people. The strong version of the precautionary principle, in that " bans the very steps that it requires", thus fails to be coherent. As Sunstein states, it is not protective, it is "paralyzing".


See also

*
Argument from ignorance Argument from ignorance (from la, argumentum ad ignorantiam), also known as appeal to ignorance (in which ''ignorance'' represents "a lack of contrary evidence"), is a fallacy in informal logic. It asserts that a proposition is true because it h ...
* Benefit of the doubt (similar concept) *
Best available technology The best available technology or best available techniques (BAT) is the technology approved by legislators or regulators for meeting output standards for a particular process, such as pollution abatement. Similar terms are ''best practicable means ...
*
Biosecurity Biosecurity refers to measures aimed at preventing the introduction and/or spread of harmful organisms (e.g. viruses, bacteria, etc.) to animals and plants in order to minimize the risk of transmission of infectious disease. In agriculture, thes ...
* Centre for the Study of Existential Risk * Chesterton's fence *
Complex systems A complex system is a system composed of many components which may interact with each other. Examples of complex systems are Earth's global climate, organisms, the human brain, infrastructure such as power grid, transportation or communication s ...
*
Diffusion of innovations Diffusion of innovations is a theory that seeks to explain how, why, and at what rate new ideas and technology spread. Everett Rogers, a professor of communication studies, popularized the theory in his book ''Diffusion of Innovations''; the book ...
*
Ecologically sustainable development Ecologically sustainable development is the environmental component of sustainable development. It can be achieved partially through the use of the precautionary principle; if there are threats of serious or irreversible environmental damage, lack ...
* Environmental law *''
Environmental Principles and Policies The book ''Environmental Principles and Policies: An Interdisciplinary Introduction'', written by Professor Sharon Beder, examines six well-known environmental and social principles that have been used at the international and national level. I ...
'' * Health impact assessment *
Maximin principle Minimax (sometimes MinMax, MM or saddle point) is a decision rule used in artificial intelligence, decision theory, game theory, statistics, and philosophy for ''mini''mizing the possible loss for a worst case (''max''imum loss) scenario. When de ...
*
Micromort A micromort (from micro- and mortality) is a unit of risk defined as a one-in-a-million chance of death. Micromorts can be used to measure the riskiness of various day-to-day activities. A microprobability is a one-in-a million chance of some e ...
* Possible carcinogen *
Postcautionary principle The postcautionary principle is a principle of ''de facto'' environmental management formulated by John Paull in 2007. It is suggested that the postcautionary principle, as the antithesis of the precautionary principle, has guided environmental mana ...
*
Prevention of disasters principle In international law, the Prevention of Disasters Principle, as first elaborated in the Agenda arising from the United Nations Habitat II conference, permits states to take pre-emptive or restraining actions when a consensus of scientific opinion ...
*
Proactionary principle The proactionary principle is an ethical and decision-making principle formulated by the transhumanist philosopher Max More as follows: People’s freedom to innovate technologically is highly valuable, even critical, to humanity. This implies se ...
*
Risk aversion In economics and finance, risk aversion is the tendency of people to prefer outcomes with low uncertainty to those outcomes with high uncertainty, even if the average outcome of the latter is equal to or higher in monetary value than the more ce ...
*
Safe trade {{Unreferenced, date=November 2007 ''Safe trade'' is a slogan advocated by Greenpeace in its desire to "green" the World Trade Organization and the Doha Development Round. It is designed to compete with "free trade" as a concept. Safe trade is g ...
* Substitution principle (sustainability) *
Superconducting Super Collider The Superconducting Super Collider (SSC) (also nicknamed the desertron) was a particle accelerator complex under construction in the vicinity of Waxahachie, Texas. Its planned ring circumference was with an energy of 20 TeV per proton and was ...
*
Sustainability Specific definitions of sustainability are difficult to agree on and have varied in the literature and over time. The concept of sustainability can be used to guide decisions at the global, national, and individual levels (e.g. sustainable livi ...
*
Tombstone mentality In aviation air safety, a tombstone mentality informally is a pervasive attitude of ignoring design defects until people have died because of them. Strictly speaking, tombstone mentality decisions are examples where there is no incentive for an ...
*
Vaccine controversies Vaccine hesitancy is a delay in acceptance, or refusal, of vaccines despite the availability of vaccine services and supporting evidence. The term covers refusals to vaccinate, delaying vaccines, accepting vaccines but remaining uncertain abou ...


References


Further reading

* Kai Purnhagen, "The Behavioural Law and Economics of the Precautionary Principle in the EU and its Impact on Internal Market Regulation", Wageningen Working Papers in Law and Governance 2013–04

* *
Communication from the European Commission on the precautionary principle Brusells (2000)
* European Union (2002), European Union consolidated versions of the treaty on European Union and of the treaty establishing the European community, Official Journal of the European Union, C325, 24 December 2002, Title XIX, article 174, paragraph 2 and 3. * Greenpeace, "Safe trade in the 21st Century, Greenpeace comprehensive proposals and recommendations for the 4th Ministerial Conference of the World Trade Organisation" pp. 8–

* * O'Riordan, T. and Cameron, J. (1995), ''Interpreting the Precautionary Principle'', London: Earthscan Publications * Raffensperger, C., and Tickner, J. (eds.) (1999) Protecting Public Health and the Environment: Implementing the Precautionary Principle. Island Press, Washington, DC. * Rees, Martin. Our Final Hour (2003). * Recuerda Girela, M.A., (2006), Seguridad Alimentaria y Nuevos Alimentos, Régimen jurídico-administrativo. Thomson-Aranzadi, Cizur Menor. * Recuerda Girela, M.A., (2006), "Risk and Reason in the European Union Law", European Food and Feed Law Review, 5. * * Sandin, P. "Better Safe than Sorry: Applying Philosophical Methods to the Debate on Risk and the Precautionary Principle," (2004). * Stewart, R.B. "Environmental Regulatory Decision making under Uncertainty". In An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design, Volume 20: 71–126 (2002). * Sunstein, Cass R. (2005), ''Laws of Fear: Beyond the Precautionary Principle''. New York: Cambridge University Press


External links

* * Report by the UK Interdepartmental Liaison Group on Risk Assessment, 2002
"The Precautionary Principle: Policy and Application"
* David Appell, ''
Scientific American ''Scientific American'', informally abbreviated ''SciAm'' or sometimes ''SA'', is an American popular science magazine. Many famous scientists, including Albert Einstein and Nikola Tesla, have contributed articles to it. In print since 1845, it i ...
'', January 2001: "The New Uncertainty Principle" * ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'', 27 July 2007
Only a reckless mind could believe in safety first
* ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'', 15 January 2005
"What is . . . the Precautionary Principle?"
* Bill Durodié, '' Spiked'', 16 March 2004
The precautionary principle assumes that prevention is better than cure
*
European Environment Agency The European Environment Agency (EEA) is the agency of the European Union (EU) which provides independent information on the environment. Definition The European Environment Agency (EEA) is the agency of the European Union (EU) which provides i ...
(2001)
Late lessons from early warnings: the precautionary principle 1896–2000


''Center for Responsible Nanotechnology'' 2004 * 1998

'' * Science and Environmental Health Network

The Precautionary Principle in Action – a Handbook] * Gary E. Marchant, Kenneth L. Mossman: ''Arbitrary and Capricious: The Precautionary Principle in the European Union Courts''.
American Enterprise Institute The American Enterprise Institute for Public Policy Research, known simply as the American Enterprise Institute (AEI), is a center-right Washington, D.C.–based think tank that researches government, politics, economics, and social welfare. ...
Press 2004,
free online PDF
* Umberto Izzo, La precauzione nella responsabilità civile. Analisi di un concetto sul tema del danno da contagio per via trasfusionale (e-book reprint) he Idea of Precaution in Tort Law. Analysis of a Concept against the Backdrop of the Tainted- Blood Litigation UNITN e-prints, 2007, first edition Padua, Cedam 200
free online PDF

Better Safe than Sorry: Applying Philosophical Methods to the Debate on Risk and the Precautionary Principle

Communication from the European Commission on the precautionary principle
* UK Interdepartmental Liaison Group on Risk Assessment (ILGRA): The Precautionary Principle: Policy and Applicatio

* Report of UNESCO's group of experts on the Precautionary Principle (2005

* Max More (2010)
The Perils Of Precaution
{{DEFAULTSORT:Precautionary Principle Doubt European Union law Legal doctrines and principles Public health Risk management Safety Environmental policy United Nations Framework Convention on Climate Change