Pyhälä, Minna; Brusendorff, Anne Christine; Paulomäki, Hanna --- "The Precautionary Principle" [2010] ELECD 598; in Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos (eds), "Research Handbook on International Environmental Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Environmental Law

Editor(s): Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201249

Section: Chapter 10

Section Title: The Precautionary Principle

Author(s): Pyhälä, Minna; Brusendorff, Anne Christine; Paulomäki, Hanna

Number of pages: 24

Extract:

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 interna-
tional agreements regulating various environmental media. In addition to various hard and
soft law instruments, there is widespread support for the precautionary principle in state prac-
tice and judicial opinion. The lack of rulings in favour of the precautionary principle in inter-
national 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 princi-
ple 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 appli-
cation. 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 ...