The Precautionary Principle in International Environmental Law

I. Introduction

* Polluter Pays Principle

* Public Trust Doctrine, and

* Precautionary Principle

II. Approach Prior to the Precautionary

Principle

“When an activity raises threats of harm to

human health or the environment,

precautionary measures should be taken

even if some cause-and-effect relationship

are not fully established scientifically.”

-Wingspread Statement, 1998

“Where there are threats of serious or irreversible

damage, lack of full scientific certainty shall not

be used as a reason for postponing cost-effective

measures to prevent environmental degradation”.

- Principle, 15 of Rio Declaration on

Environment and Development 1992

“The precautionary principle applies where scientific evidence is insufficient,

inconclusive or uncertain and preliminary scientific evaluation

indicates that there are reasonable grounds for concern that the

potentially dangerous effects on the environment, human, animal or

plant health may be inconsistent with the high level of protection

chosen by the EU”.

-European Union’s Commission on The Precautionary Principle (EU, 2000)