The Precautionary Principle in its current form appears to have arisen from discussions largely in Germany about the need for caution and a transition away from reactive management. An excellent review of the legal meaning of the following statements and the issues behind them is contained in Cameron and Abouchar (1991). See also O'Riordan (1992) and Stebbing (1992) for more general histories. Cameron and Werksman (1991) contains a similar appendix from which several of these statements are drawn. Collectively they demonstrate that as a guiding principle the precautionary principle is gaining intemational support. South Pacific Environment Ministers Declaration, 9 July 1991 "Declare our commitment to work individually and collectively, including through SPREP, to achieve sustainable development in the South Pacific region, in particular by making every effort to: Houston Declaration, 11 July 1990 "We agree that, in the face of threats of irreversible environmental damage, lack of full scientific certainty is no excuse to postpone actions which are justified in their own right." Bergen Declaration (ECE), 16 May 1990 "In order to achieve sustainable development policies must be based on the Precautionary Principle. Environmental measures must anticipate, prevent and attack the causes of environmental degradation. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation." The Noordwijk Declaration on Atmospheric Pollution and Climate Change, 7 November 1990 "(2) While there are still uncertainties regarding the magnitude, timing and regional effects of climate change due to human activity, there is a growing consensus in the scientific community that significant climate change and instability are most likely over the next century. Predictions available today indicate potentially severe economic and social dislocations for future generations. Assuming these predictions, delay in action may endanger the future of the planet as we know it. OECD Secretariat draft guide-lines for minimising the negative environmental effects of trade policies, November, 1992 "The following are environmental concepts and principles relating to standards for consideration by trade policy makers. Rio Declaration, June1992. "Principle 15 Caring for the Earth (1991) IUCN-UNEP-WWF "All governments should adopt the Precautionary Principle. This means minimizing, and where possible, preventing discharges of substances that could be harmful." 1992 Australian ESD Intersectoral Issues Report, p.40 "Dealing cautiously with risk implies that where considerable uncertainty surrounds a proposed action, the decision should lean on the side of caution. This does not mean that development should not proceed whenever we cannot be certain of its ecological impact. It does mean that the need for particular caution needs to influence the balance between a need to preserve natural capital and a need to proceed." "Maastricht Treaty", Treaty on European Union, Article 130r, para 2 "Community policy on the environment shall ... shall be based on the Precautionary Principle and on the principles that precautionary action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay." Ministerial Declaration, Second International Conference on the Protection of the North Sea, 1987 That "in order to protect the North Sea from possibly damaging effects of the most dangerous substances a precautionary approach is necessary which may require action to control inputs of such substances even before a causal link has been established by absolutely clear scientific evidence." Report of the Fisheries Task Force to the Minister of Fisheries on the Review of Fisheries Legislation, New Zealand, 1992 "We propose that the statute contain a set of environmental principles which cover such matters as consideration of ... avoidance of the risk of significant irreversible change, and allowance for major impacts and scientific uncertainties." The Paris Commission established by the Convention for the Prevention of Marine Pollution from Land Bared Sources, 1989 "[The contracting parties] accept the principle of safeguarding the marine ecosystem of the Paris Convention area by reducing at source polluting emissions of substances that are persistent, toxic and liable to bioaccumulate by the use of best available technology and other appropriate measures. This applies especially when there is reason to assume that certain damage or harmful effects on the living resources of the sea are likely to be caused by such substances, even when there is no scientific evidence to prove a causal link between the emissions and effects ("the principle of precautionary action") ..." Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention), 1989 [Contracting parties agree] "to fully adopt the principle of precautionary approach regarding the prevention and elimination of contamination of the Mediterranean Sea area United Nations Environment Program (UNEP) Governing Council, 15th Session "Recognising that waiting for scientific proof regarding the impact of pollutants discharged into the marine environment may result in irreversible damage to the marine environment and in human suffering ... [the Governing Council] recommends that all the governments adopt the 'principle of precautionary action' as the basis of their policy with regard to prevention and elimination of marine pollution ..." Preamble to the Montreal Protocol to the Vienna Convention for the Protection of the Ozone Layer, 1987 "[The parties are] determined to protect the ozone layer by taking precautionary measures to control equitably total global emissions of substances that deplete it ..."
Ref: Michael Young, "For Our Children's Children: Some Practical Implications of Inter-Generational Equity and the Precautionary Principle", RAC Occasional Publication Number 6, AGPS, Canberra, November,1993, pp40-43. |