Is There a Precautionary Principle?

July 2001
Citation:
31
ELR 10790
Issue
7
Author
Christopher D. Stone

Introduction

Progress has always brought, along with rosy prospects, shadowy perils. The risky byproducts of technology, combined with an enhanced appreciation of hazards, is making us edgier than ever. The "precautionary principle" is being widely proposed as a response. The term has come to be routinely included in multilateral environmental agreements and declarations,1 and is also appearing in local laws2 and scattered judicial opinions.3 Notoriously, however, "the" precautionary principle's meaning—or "meanings," for it has been put forth in so many versions, often with cognate phrasing,4 as to belie the pretensions of the definite article—remains obscure.

The United Nations' General Assembly Resolutionon the World Charter for Nature (1982), in addressing "activities which are likely to pose a significant risk to nature," declares that "where potential adverse effects are not fully understood, the activities shall not proceed."5 But of course the adverse effects of activities are never "fully understood"; taken literally, the directive would be: "Don't do anything."

The author is the J. Thomas McCarthy Trustee Professor of Law, University of Southern California, Los Angeles. He may be reached at www.cstone@law.usc.edu. This Article isbased on remarks presented at the Expert's Meeting on "Genetically Modified Foods, Biosafety, the Codex and the Regulation of International Trade" at the Institute for Advanced Studies of the United Nations University in Tokyo (Mar. 18, 2000); and at the UNU Seminar Series; Inter-Linkages and Biosafety: "The Cartagena Biosafety Protocol, the WTO, and the FAO/WHO Codex Alimentarius Commission-Seeking Coherence Between Multilateral Regimes," at the New York United Nations Headquarters (Sept. 22, 2000).

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Is There a Precautionary Principle?

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