Environmental Law Principles - Precautionary Principle

The “precautionary principle” is a notion which supports taking protective action before there is complete scientific proof of a risk; that is, action should not be delayed simply because full scientific information is lacking. The “precautionary principle” or precautionary approach has been incorporated into several international environmental agreements, and some claim that it is now recognized as a general principle of international environmental law. In the fields of food safety, plant and animal health protection, the need for taking precautionary actions in the face of scientific uncertainty has long been widely accepted. There may be instances when a sudden outbreak of an animal disease, for example, is suspected of being linked to imports, and trade restrictions must be immediately imposed while further information about the source of the outbreak and its extent are gathered. The discipline of risk assessment, one of the basic obligations of the SPS Agreement, was developed to guide action in the face of incomplete knowledge about risks to health. It focuses on probabilities of hazards occurring and the probable consequences, because complete knowledge is very rare. Furthermore, it is virtually impossible to scientifically prove the “safety” of a food or product, rather scientists seek evidence of any harm. Environmental law regularly operates in areas complicated by high levels of scientific uncertainty. In the case of many activities that entail some change to the environment, it is impossible to determine precisely what effects the activity will have on the quality of the environment or on human health. Often available scientific evidence provides us cause for concern but does not give conclusive information. In such scenarios, risk assessment compels us to strike a balance between the need to protect health and environment on one hand, and the foregone advantages of strict restrictions that may turn out to be unwarranted. It is in this context the role for Precautionary Principle emerges. While deciding the need and timing of the application of the Precautionary Principle, it is important to clearly understand the principle and its consequences.

The Precautionary Principle is one of the most contentious principles in contemporary International legal developments. The very fact that is, a principle of international environmental law has been questioned by many legal scholars. However, this does not take away the fact that the Precautionary Principle continues to be applied widely across sectors both internationally and nationally. The nature and scope of its application has varied widely according to the context and sector within which it has been applied.

"Precautionary Principle" plays a significant role in determining whether developmental process is sustainable or not. "Precautionary Principle" underlies sustainable development which requires that the developmental activity must be stopped and prevented if it causes serious and irreversible environmental damage. The emergence of Precautionary Principle marks a shift in the international environmental jurisprudence - a shift from assimilative capacity principle to Precautionary Principle.

This is a briefer about the precautionary principle.