Environmental Engineering Reference
In-Depth Information
the need to go beyond scientific understandings;
the need to take proactive anticipatory action; and
the need to become more averse to risk possibilities.
For O'Riordan and Cameron (1994), the precautionary principle is most likely to
be applied in the following circumstances:
where new technologies are proposed in well-regulated regimes and where public
opinion is instinctively or knowledgeably risk-averse;
where the principles of regulation allow for judgement as to what is socially
tolerable;
where there is a national culture of care for the less fortunate and the defenceless;
and
where there is openness and accountability in policy formulation and decision-
taking.
One major criticism of the precautionary principle is that it is vague and often
open to various legal and operational interpretations. By reversing the burden of
proof, such that any activity must prove that it will not cause harm, the precautionary
principle is seen by some as potentially retarding development and innovation and
consequently as unscientific. Those who take this view tend to favour narrow risk
assessments based on probabilities derived from available but often imperfect evidence.
It is these views that have informed the design of government regulatory approaches
to genetically modified organisms (GMOs). A stronger version of the precautionary
principle would suggest that GMO regulation should be based to a great extent on
a potential to cause harm rather than on knowledge of actual harm. In other areas,
such as emissions regulations to combat climate change, devising a robust regulatory
system may be even more difficult, because of the complexities of climate systems.
Given this, Johnston and Santillo (2006: 6) suggest that the precautionary principle
should 'be applied as a variety of precautionary approaches tailored for each issue
area. Far from being unscientific or stifling progress, such approaches move towards
the very highest, scientifically underpinned standards of environmental protection'.
The debate will undoubtedly continue, and practice will evolve through ongoing
dialogue and discussion; nonetheless, the precautionary principle is already well
established, with the Commission of the European Communities within the European
Union firmly endorsing the necessity of its application. In a communication issued
in 2000, the Commission stated:
The dimension of the precautionary principle goes beyond the problems associated
with a short or medium term approach to risks. It also concerns the longer run
and the well-being of future generations.
Whether or not to invoke the precautionary principle is a decision exercised
where scientific information is insufficient, inconclusive or uncertain and where
there are indications that the possible effects on the environment or human,
animal or plant health may be potentially dangerous and inconsistent with the
chosen level of protection.
(CEC, 2000)
 
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