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The precautionary principle (or precautionary approach) is a broad
epistemological Epistemology is the branch of philosophy that examines the nature, origin, and limits of knowledge. Also called "the theory of knowledge", it explores different types of knowledge, such as propositional knowledge about facts, practical knowled ...
, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress. In an engineering context, the precautionary principle manifests itself as the factor of safety. It was apparently suggested, in civil engineering, by Belidorde Bélidor, Bernard Forest, La science des ingénieurs, dans la conduite des travaux de fortification et d'architecture civile, Paris: Chez Claude Jombert 1729 in 1729. Interrelation between safety factor and reliability is extensively studied by engineers and philosophers. The principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision (e.g. taking a particular course of action) and conclusive evidence is not yet available. For example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. The principle acknowledges that while the progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. It implies that there is a social responsibility to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. These protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. The principle has become an underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. In some legal systems, as in
law of the European Union European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
, the application of the precautionary principle has been made a
statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
requirement in some areas of law.


Origins and theory

The concept "precautionary principle" is generally considered to have arisen in English from a translation of the German term '' Vorsorgeprinzip'' in the 1970s in response to forest degradation and sea pollution, where German lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that time. The concept was introduced into environmental legislation along with other innovative (at that time) mechanisms such as "polluter pays", principle of pollution prevention and responsibility for survival of future ecosystems. The precautionary principle was promulgated in philosophy by Hans Jonas in his 1979 text, ''The Imperative of Responsibility'', wherein Jonas argued that technology had altered the range of the impact of human action and, as such, ethics must be modified so that the far distant effects of one's actions should now be considered. His maxim is designed to embody the precautionary principle in its prescription that one should "Act so that the effects of your action are compatible with the permanence of genuine human life" or, stated conversely, "Do not compromise the conditions for an indefinite continuation of humanity on earth." To achieve this Jonas argued for the cultivation of a cautious attitude toward actions that may endanger the future of humanity or the biosphere that supported it. In 1988, Konrad von Moltke described the German concept for a British audience, which he translated into English as the precautionary principle. In economics, the Precautionary Principle has been analyzed in terms of "the effect on rational decision-making", of "the interaction of irreversibility" and "
uncertainty Uncertainty or incertitude refers to situations involving imperfect or unknown information. It applies to predictions of future events, to physical measurements that are already made, or to the unknown, and is particularly relevant for decision ...
". Authors such as Epstein (1980) and
Arrow An arrow is a fin-stabilized projectile launched by a bow. A typical arrow usually consists of a long, stiff, straight shaft with a weighty (and usually sharp and pointed) arrowhead attached to the front end, multiple fin-like stabilizers c ...
and Fischer (1974) show that "irreversibility of possible future consequences" creates a "quasi- option effect" which should induce a "
risk In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environ ...
-neutral" society to favour current decisions that allow for more flexibility in the future. Gollier et al. conclude that "more scientific uncertainty as to the distribution of a future risk – that is, a larger variability of beliefs – should induce society to take stronger prevention measures today." The principle was also derived from religious beliefs that particular areas of science and technology should be restricted as they "belong to the realm of God", as postulated by Prince Charles and
Pope Benedict XVI Pope BenedictXVI (born Joseph Alois Ratzinger; 16 April 1927 – 31 December 2022) was head of the Catholic Church and sovereign of the Vatican City State from 19 April 2005 until his resignation on 28 February 2013. Benedict's election as p ...
.


Formulations

Many definitions of the precautionary principle exist: "precaution" may be defined as "caution in advance", "caution practiced in the context of uncertainty", or informed
prudence Prudence (, contracted from meaning "seeing ahead, sagacity") is the ability to govern and discipline oneself by the use of reason. It is classically considered to be a virtue, and in particular one of the four cardinal virtues (which are, ...
. Two ideas lie at the core of the principle: * An expression of a need by decision-makers to anticipate harm before it occurs. Within this element lies an implicit reversal of the onus of proof: under the precautionary principle it is the responsibility of an activity-proponent to establish that the proposed activity will not (or is very unlikely to) result in significant harm. * The concept of proportionality of the risk and the cost and feasibility of a proposed action. One of the primary foundations of the precautionary principle, and globally accepted definitions, results from the work of the Rio Conference, or "
Earth Summit The United Nations Conference on Environment and Development (UNCED), also known as the Rio de Janeiro Conference or the Earth Summit (Portuguese: ECO92, Cúpula da Terra), was a major United Nations conference held in Rio de Janeiro from 3 ...
" in 1992. Principle 15 of the Rio Declaration notes: In 1998, the Wingspread Conference on the Precautionary Principle was convened by the Science and Environmental Health Network and concluded with the following formulation,Staff, Science and Environmental Health Network. 26 January 199
Wingspread Conference on the Precautionary Principle
described by Stewart Brand as "the clearest and most frequently cited": In February 2000, the
Commission of the European Communities The European Communities (EC) were three international organizations that were governed by the same set of institutions. These were the European Coal and Steel Community (ECSC), the European Atomic Energy Community (EAEC or Euratom), and the ...
noted in a ''Communication from the Commission on the Precautionary Principle'' that "The precautionary principle is not defined in the Treaties of the European Union, which prescribes it he Precautionary Principleonly once – to protect the environment. But in practice, its scope is much wider, and specifically where preliminary-objective-scientific-evaluation indicates that there are reasonable grounds for concern that potentially dangerous effects on the environment, human, animal or ndplant health may be inconsistent with the high level of protection or whatchosen for the Community."Commission of the European Communities. 2 February 200
Communication From The Commission on the Precautionary Principle
/ref> The January 2000 Cartagena Protocol on Biosafety says, in regard to controversies over GMOs: "Lack of scientific certainty due to insufficient relevant scientific information ... shall not prevent the Party of port, in order to avoid or minimize such potential adverse effects, from taking a decision, as appropriate, with regard to the import of the living modified organism in question."
Pope Francis Pope Francis (born Jorge Mario Bergoglio; 17 December 1936 – 21 April 2025) was head of the Catholic Church and sovereign of the Vatican City State from 13 March 2013 until Death and funeral of Pope Francis, his death in 2025. He was the fi ...
makes reference to the principle and the Rio Declaration in his 2015 encyclical letter, ''
Laudato si' ''Laudato si'' (''Praise Be to You'') is the second encyclical of Pope Francis, subtitled "on care for our common home". In it, the Pope criticizes consumerism and irresponsible economic development, laments environmental degradation and gl ...
'', noting that alongside its environmental significance, the precautionary principle "makes it possible to protect those who are most vulnerable and whose ability to defend their interests and to assemble incontrovertible evidence is limited".


Application

Various interests being represented by various groups proposing the principle resulted in great variability of its formulation: one study identified 14 different formulations of the principle in treaties and non-treaty declarations. R.B. Stewart (2002) reduced the precautionary principle to four basic versions: * Scientific uncertainty should not automatically preclude regulation of activities that pose a potential risk of significant harm (''non-preclusion''). * Regulatory controls should incorporate a margin of safety; activities should be limited below the level at which no adverse effect has been observed or predicted (''margin of safety''). * Activities that present an uncertain potential for significant harm should be subject to best technology available requirements to minimize the risk of harm unless the proponent of the activity shows that they present no appreciable risk of harm (''BAT''). * Activities that present an uncertain potential for significant harm should be prohibited unless the proponent of the activity shows that it presents no appreciable risk of harm (''prohibitory''). Carolyn Raffensperger of the Wingspread convention placed the principle in opposition to approaches based on
risk management Risk management is the identification, evaluation, and prioritization of risks, followed by the minimization, monitoring, and control of the impact or probability of those risks occurring. Risks can come from various sources (i.e, Threat (sec ...
and cost-benefit analysis. Dave Brower ( Friends of the Earth) concluded that "all technology should be assumed guilty until proven innocent".
Freeman Dyson Freeman John Dyson (15 December 1923 – 28 February 2020) was a British-American theoretical physics, theoretical physicist and mathematician known for his works in quantum field theory, astrophysics, random matrix, random matrices, math ...
described the application of precautionary principle as "deliberately one-sided", for example when used as justification to destroy genetic engineering research plantations and threaten researchers in spite of scientific evidence demonstrating lack of harm: As noted by Rupert and O'Riordan, the challenge in application of the principle is "in making it clear that absence of certainty, or there being insufficient evidence-based analysis, were not impediments to innovation, so long as there was no reasonable likelihood of serious harm". Lack of this nuanced application makes the principle "self-cancelling" according to Stewart Brand, because "nothing is fully established" in science, starting from the precautionary principle itself and including "gravity or Darwinian evolution". A balanced application should ensure that "precautionary measures should be" only taken "during early stages" and as "relevant scientific evidence becomes established", regulatory measures should only respond to that evidence.


Strong vs. weak

''Strong precaution'' holds that regulation is required whenever there is a possible risk to health, safety, or the environment, even if the supporting evidence is speculative and even if the economic costs of regulation are high. In 1982, the United Nations World Charter for Nature gave the first international recognition to the strong version of the principle, suggesting that when "potential adverse effects are not fully understood, the activities should not proceed". The widely publicised Wingspread Declaration, from a meeting of environmentalists in 1998, is another example of the strong version. Strong precaution can also be termed as a "no-regrets" principle, where costs are not considered in preventative action. ''Weak precaution'' holds that lack of scientific evidence does not preclude action if damage would otherwise be serious and irreversible. Humans practice weak precaution every day, and often incur costs, to avoid hazards that are far from certain: we do not walk in moderately dangerous areas at night, we exercise, we buy smoke detectors, we buckle our seatbelts. According to a publication by the New Zealand Treasury Department:


International agreements and declarations


"Principle" vs. "approach"

No introduction to the precautionary principle would be complete without brief reference to the difference between the precautionary ''principle'' and the precautionary ''approach''. Principle 15 of the Rio Declaration 1992 states that: "in order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall be not used as a reason for postponing cost-effective measures to prevent environmental degradation." As Garcia (1995) pointed out, "the wording, largely similar to that of the principle, is subtly different in that: it recognizes that there may be differences in local capabilities to apply the approach, and it calls for cost-effectiveness in applying the approach, e.g., taking economic and social costs into account." The "approach" is generally considered a softening of the "principle":


European Union

On 2 February 2000, the
European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...
issued a Communication on the precautionary principle, in which it adopted a procedure for the application of this concept, but without giving a detailed definition of it. Paragraph 2 of article 191 of the
Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two Treaty, treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all Member stat ...
states that: After the adoption of the European Commission's communication on the precautionary principle, the principle has come to inform much EU policy, including areas beyond environmental policy. As of 2006 it had been integrated into EU laws "in matters such as general product safety, the use of additives for use in animal nutrition, the incineration of waste, and the regulation of genetically modified organisms". Through its application in
case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
, it has become a "general principle of EU law". In Case T-74/00 ''Artegodan'', the General Court (then Court of First Instance) appeared willing to extrapolate from the limited provision for the precautionary principle in environmental policy in article 191(2) TFEU to a general principle of EU law.


France

In France, the Charter for the Environment contains a formulation of the precautionary principle (article 5):


United States

On 18 July 2005, the City of San Francisco passed a precautionary principle purchasing ordinance, which requires the city to weigh the environmental and health costs of its $600 million in annual purchases – for everything from cleaning supplies to computers. Members of the Bay Area Working Group on the Precautionary Principle contributed to drafting the Ordinance.


Australia

The most important Australian court case so far, due to its exceptionally detailed consideration of the precautionary principle, is Telstra Corporation Limited v Hornsby Shire Council. The principle was summarised by reference to the NSW ''Protection of the Environment Administration Act 1991'', which itself provides a good definition of the principle: "If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reasoning for postponing measures to prevent environmental degradation. In the application of the principle... decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment; and (ii) an assessment of risk-weighted consequence of various options". The most significant points of Justice Preston's decision are the following findings: * The principle and accompanying need to take precautionary measures is "triggered" when two prior conditions exist: a threat of serious or irreversible damage, and scientific uncertainty as to the extent of possible damage. * Once both are satisfied, "a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate." * The threat of serious or irreversible damage should invoke consideration of five factors: the scale of threat (local, regional etc.); the perceived value of the threatened environment; whether the possible impacts are manageable; the level of public concern, and whether there is a rational or scientific basis for the concern. * The consideration of the level of scientific uncertainty should involve factors which may include: what would constitute sufficient evidence; the level and kind of uncertainty; and the potential to reduce uncertainty. * The principle shifts the burden of proof. If the principle applies, the burden shifts: "a decision maker must assume the threat of serious or irreversible environmental damage is... a reality ndthe burden of showing this threat... is negligible reverts to the proponent..." * The precautionary principle invokes preventative action: "the principle permits the taking of preventative measures without having to wait until the reality and seriousness of the threat become fully known". * "The precautionary principle should not be used to try to avoid all risks." * The precautionary measures appropriate will depend on the combined effect of "the degree of seriousness and irreversibility of the threat and the degree of uncertainty... the more significant and uncertain the threat, the greater...the precaution required". "...measures should be adopted... proportionate to the potential threats".


Philippines

A petition filed 17 May 2013 by environmental group Greenpeace Southeast Asia and farmer-scientist coalition Masipag (''Magsasaka at Siyentipiko sa Pagpapaunlad ng Agrikultura'') asked the appellate court to stop the planting of Bt eggplant in test fields, saying the impacts of such an undertaking to the environment, native crops and human health are still unknown. The Court of Appeals granted the petition, citing the precautionary principle stating "when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish the threat." Respondents filed a motion for reconsideration in June 2013 and on 20 September 2013 the Court of Appeals chose to uphold their May decision saying the ''bt talong'' field trials violate the people's constitutional right to a "balanced and healthful ecology." The Supreme Court on 8 December 2015 permanently stopped the field testing for Bt (Bacillus thuringiensis) talong (eggplant), upholding the decision of the Court of Appeals which stopped the field trials for the genetically modified eggplant. The court is the first in the world to adopt the precautionary principle regarding GMO products in its decision. The Supreme Court decision was later reversed following an appeal by researchers at the University of the Philippines Los Baños.


Corporate

Body Shop International, a UK-based cosmetics company, included the precautionary principle in their 2006 chemicals strategy.


Environment and health

Fields typically concerned by the precautionary principle are the possibility of: *
Global warming Present-day climate change includes both global warming—the ongoing increase in global average temperature—and its wider effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes ...
or abrupt climate change in general *
Extinction Extinction is the termination of an organism by the death of its Endling, last member. A taxon may become Functional extinction, functionally extinct before the death of its last member if it loses the capacity to Reproduction, reproduce and ...
of species * Introduction of new products into the environment, with potential impact on
biodiversity Biodiversity is the variability of life, life on Earth. It can be measured on various levels. There is for example genetic variability, species diversity, ecosystem diversity and Phylogenetics, phylogenetic diversity. Diversity is not distribut ...
(e.g.,
genetically modified organisms A genetically modified organism (GMO) is any organism whose genetic material has been altered using genetic engineering techniques. The exact definition of a genetically modified organism and what constitutes genetic engineering varies, with ...
) * Threats to
public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the de ...
, due to new diseases and techniques (e.g., HIV transmitted through blood transfusion) * Long-term effects of new technologies (e.g. health concerns regarding radiation from cell phones and other electronics communications devices) * Persistent or acute pollution (e.g.,
asbestos Asbestos ( ) is a group of naturally occurring, Toxicity, toxic, carcinogenic and fibrous silicate minerals. There are six types, all of which are composed of long and thin fibrous Crystal habit, crystals, each fibre (particulate with length su ...
, endocrine disruptors) * Food safety (e.g.,
Creutzfeldt–Jakob disease Creutzfeldt–Jakob disease (CJD) is an incurable, always fatal neurodegenerative disease belonging to the transmissible spongiform encephalopathy (TSE) group. Early symptoms include memory problems, behavioral changes, poor coordination, visu ...
) * Other new
biosafety Biosafety is the prevention of large-scale loss of biological integrity, focusing both on ecology and human health. These prevention mechanisms include the conduction of regular reviews of biosafety in laboratory settings, as well as strict guidel ...
issues (e.g.,
artificial life Artificial life (ALife or A-Life) is a field of study wherein researchers examine systems related to natural life, its processes, and its evolution, through the use of simulations with computer models, robotics, and biochemistry. The discipline ...
, new
molecule A molecule is a group of two or more atoms that are held together by Force, attractive forces known as chemical bonds; depending on context, the term may or may not include ions that satisfy this criterion. In quantum physics, organic chemi ...
s) The precautionary principle is often applied to biological fields because changes cannot be easily contained and have the potential of being global. The principle has less relevance to contained fields such as
aeronautics Aeronautics is the science or art involved with the study, design process, design, and manufacturing of air flight-capable machines, and the techniques of operating aircraft and rockets within the atmosphere. While the term originally referred ...
, where the few people undergoing
risk In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environ ...
have given
informed consent Informed consent is an applied ethics principle that a person must have sufficient information and understanding before making decisions about accepting risk. Pertinent information may include risks and benefits of treatments, alternative treatme ...
(e.g., a
test pilot A test pilot is an aircraft pilot with additional training to fly and evaluate experimental, newly produced and modified aircraft with specific maneuvers, known as flight test techniques.Stinton, Darrol. ''Flying Qualities and Flight Testin ...
). In the case of technological innovation, containment of impact tends to be more difficult if that technology can self-replicate.
Bill Joy William Nelson Joy (born November 8, 1954) is an American computer engineer and venture capitalist. He co-founded Sun Microsystems in 1982 along with Scott McNealy, Vinod Khosla, and Andy Bechtolsheim, and served as Chief Scientist and CTO ...
emphasised the dangers of replicating genetic technology, nanotechnology, and robotic technology in his article in ''
Wired Wired may refer to: Arts, entertainment, and media Music * ''Wired'' (Jeff Beck album), 1976 * ''Wired'' (Hugh Cornwell album), 1993 * ''Wired'' (Mallory Knox album), 2017 * "Wired", a song by Prism from their album '' Beat Street'' * "Wired ...
'', " Why the future doesn't need us", though he does not specifically cite the precautionary principle. The application of the principle can be seen in the public policy of requiring
pharmaceutical companies The pharmaceutical industry is a Medicine, medical industry that discovers, develops, produces, and markets pharmaceutical goods such as medications and medical devices. Medications are then administered to (or Self-medicate, self-administered b ...
to carry out
clinical trial Clinical trials are prospective biomedical or behavioral research studies on human subject research, human participants designed to answer specific questions about biomedical or behavioral interventions, including new treatments (such as novel v ...
s to show that new
medications Medication (also called medicament, medicine, pharmaceutical drug, medicinal product, medicinal drug or simply drug) is a drug used to medical diagnosis, diagnose, cure, treat, or preventive medicine, prevent disease. Drug therapy (pharmaco ...
are safe. Oxford based philosopher
Nick Bostrom Nick Bostrom ( ; ; born 10 March 1973) is a Philosophy, philosopher known for his work on existential risk, the anthropic principle, human enhancement ethics, whole brain emulation, Existential risk from artificial general intelligence, superin ...
discusses the idea of a future powerful
superintelligence A superintelligence is a hypothetical intelligent agent, agent that possesses intelligence surpassing that of the brightest and most intellectual giftedness, gifted human minds. "Superintelligence" may also refer to a property of advanced problem- ...
, and the risks should it attempt to gain atomic level control of matter. Application of the principle modifies the status of innovation and risk assessment: it is not the risk that must be avoided or amended, but a potential risk that must be prevented. Thus, in the case of regulation of scientific research, there is a third party beyond the scientist and the regulator: the consumer. In an analysis concerning application of the precautionary principle to
nanotechnology Nanotechnology is the manipulation of matter with at least one dimension sized from 1 to 100 nanometers (nm). At this scale, commonly known as the nanoscale, surface area and quantum mechanical effects become important in describing propertie ...
, Chris Phoenix and Mike Treder posit that there are ''two forms'' of the principle, which they call the "strict form" and the "active form". The former "requires inaction when action might pose a risk", while the latter means "choosing less risky alternatives when they are available, and ..taking responsibility for potential risks." Thomas Alured Faunce has argued for stronger application of the precautionary principle by chemical and health technology regulators particularly in relation to Ti02 and ZnO
nanoparticle A nanoparticle or ultrafine particle is a particle of matter 1 to 100 nanometres (nm) in diameter. The term is sometimes used for larger particles, up to 500 nm, or fibers and tubes that are less than 100 nm in only two directions. At ...
s in
sunscreens Sunscreen, also known as sunblock, sun lotion or sun cream, is a photoprotection, photoprotective topical product for the Human skin, skin that helps protect against sunburn and prevent skin cancer. Sunscreens come as lotions, sprays, gels, fo ...
, biocidal nanosilver in waterways and products whose manufacture, handling or recycling exposes humans to the risk of inhaling multi-walled carbon nanotubes.


Animal sentience precautionary principle

Appeals to the precautionary principle have often characterized the debates concerning animal sentience – that is, the question of whether animals are able to feel "subjective experiences with an attractive or aversive quality", such as pain, pleasure, happiness, or joy – in relation to the question of whether we should legally protect sentient animals. A version of the precautionary principle suitable for the problem of animal sentience has been proposed by LSE philosopher Jonathan Birch: "The idea is that when the evidence of sentience is inconclusive, we should 'give the animal the benefit of doubt' or 'err on the side of caution' in formulating animal protection legislation." Since we cannot reach absolute certainty with regards to the fact that some animals are sentient, the precautionary principle has been invoked in order to grant potentially sentient animals "basic legal protections". Birch's formulation of the animal sentience precautionary principle runs as follows:This version of the precautionary principle consists of an epistemic and a decision rule. The former concerns the "evidential bar" that should be required for animal sentience. In other words, how much evidence of sentience is necessary before one decides to apply precautionary measures? According to Birch, only ''some'' evidence would be sufficient, which means that the evidential bar should be set at low levels. Birch proposes to consider the evidence that certain animals are sentient sufficient whenever "statistically significant evidence ... of the presence of at least one credible indicator of sentience in at least one species of that order" has been obtained. For practical reasons, Birch says, the evidence of sentience should concern the order, so that if one
species A species () is often defined as the largest group of organisms in which any two individuals of the appropriate sexes or mating types can produce fertile offspring, typically by sexual reproduction. It is the basic unit of Taxonomy (biology), ...
meets the conditions of sentience, then all the species of the same order should be considered sentient and should be thus legally protected. This is due to the fact that, on the one hand, "to investigate sentience separately in different orders" is feasible, whereas on the other hand, since some orders include thousands of species, it would be unfeasible to study their sentience separately. What is more, the evidential bar should be so low that only ''one'' indicator of sentience in the species of a specific order will be sufficient in order for the precautionary principle to be applied. Such indicator should be "an observable phenomenon that experiments can be designed to detect, and it must be credible that the presence of this indicator is explained by sentience". Lists of such criteria already exist for detecting animal pain. The aim is to create analogous lists for other criteria of sentience, such as happiness, fear, or joy. The presence of one of these criteria should be demonstrated by means of experiments which must meet "the normal scientific standards". Regarding the second part of the animal sentience precautionary principle, the decision rule concerns the requirement that we have to act once there is sufficient evidence of a seriously bad outcome. According to Birch, "we should aim to include within the scope of animal protection legislation all animals for which the evidence of sentience is sufficient, according to the standard of sufficiency outlined bove. In other words, the decision rule states that once the aforementioned low evidential bar is met, then we ''should'' act in a precautionary way. Birch's proposal also "deliberately leaves open the question of how, and to what extent, the treatment of these animals should be regulated", thus also leaving open the content of the regulations, as this will largely depend on the animal in question.


Criticisms

Critics of the principle use arguments similar to those against other formulations of technological conservatism.


Internal inconsistency: applying strong PP risks causing harm

Strong formulations of the precautionary principle, without regard to its most basic provisions (i.e., that it is to be applied only where risks are potentially catastrophic ''and'' not easily calculable), when applied to the principle itself as a policy decision, beats its own purpose of reducing risk. The reason suggested is that preventing innovation from coming to market means that only current technology may be used, and current technology itself may cause harm or leave needs unmet; there is a risk of causing harm by blocking innovation.Brown, Tracey (9 July 201
The precautionary principle is a blunt instrument
''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'', Retrieved 9 August 2013
As
Michael Crichton John Michael Crichton (; October 23, 1942 – November 4, 2008) was an American author, screenwriter and filmmaker. His books have sold over 200 million copies worldwide, and over a dozen have been adapted into films. His literary works heavil ...
wrote in his novel '' State of Fear'': "The 'precautionary principle', properly applied, forbids the precautionary principle."Merchant, G et al
Impact of the Precautionary Principle on Feeding Current and Future Generations
CAST Issue Paper 52, June 2013
For example, forbidding
nuclear power Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced by ...
plants based on concerns about low-probability high-impact risks means continuing to rely on power plants that burn fossil fuels, which continue to release
greenhouse gas Greenhouse gases (GHGs) are the gases in the atmosphere that raise the surface temperature of planets such as the Earth. Unlike other gases, greenhouse gases absorb the radiations that a planet emits, resulting in the greenhouse effect. T ...
es and thousands of certain deaths from
air pollution Air pollution is the presence of substances in the Atmosphere of Earth, air that are harmful to humans, other living beings or the environment. Pollutants can be Gas, gases like Ground-level ozone, ozone or nitrogen oxides or small particles li ...
. In 2021 in response to early reports about rare blood clots seen in 25 patients out of 20 million vaccinated by Astra-Zeneca COVID-19 vaccine a number of European Union member states suspended the use of the vaccine, quoting the "precautionary principle". This was criticized by other EU states who refused to suspend the vaccination program, declaring that the "precautionary" decisions are focusing on the wrong risk, as delay in a vaccination program results in a larger number of certain deaths than any yet unconfirmed complications. In another example, the Hazardous Air Pollutant provisions in the 1990 amendments to the US Clean Air Act are an example of the Precautionary Principle where the onus is now on showing a listed compound is harmless. Under this rule no distinction is made between those air pollutants that provide a higher or lower risk, so operators tend to choose less-examined agents that are not on the existing list.


Blocking innovation and progress generally

Because applications of strong formulations of the precautionary principle can be used to block innovation, a technology which brings advantages may be banned by precautionary principle because of its potential for negative impacts, leaving the positive benefits unrealised.Sunstein, Cass R
The Paralyzing Principle: Does the Precautionary Principle Point us in any Helpful Direction?
Regulation, Winter 2002–2003, The Cato Institute.
The precautionary principle has been ethically questioned on the basis that its application could block progress in developing countries.


Vagueness and plausibility

The precautionary principle calls for action in the face of scientific uncertainty, but some formulations do not specify the minimal threshold of plausibility of risk that acts as a "triggering" condition, so that any indication that a proposed product or activity might harm health or the environment is sufficient to invoke the principle. In ''Sancho vs. DOE'', Helen Gillmor, Senior District Judge, wrote in a dismissal of Wagner's lawsuit which included a popular worry that the LHC could cause "destruction of the earth" by a
black hole A black hole is a massive, compact astronomical object so dense that its gravity prevents anything from escaping, even light. Albert Einstein's theory of general relativity predicts that a sufficiently compact mass will form a black hole. Th ...
:


The precautionary dilemma

The most commonly pressed objection to the precautionary principle ties together two of the above objections into the form of a dilemma. This maintains that, of the two available interpretations of the principle, neither are plausible: weak formulations (which hold that precaution in the face of uncertain harms is permissible) are trivial, while strong formulations (which hold that precaution in the face of uncertain harms is ''required'') are incoherent. On the first horn of the dilemma
Cass Sunstein Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his work in U.S. constitutional law, administrative law, environmental law, and behavioral economics. He is also ''The New York Times'' best-selling author of ...
states: If all that the (weak) principle states is that it is permissible to act in a precautionary manner where there is a possible risk of harm, then it constitutes a trivial truism and thus fails to be useful. If we formulate the principle in the stronger sense however, it looks like it rules out ''all'' courses of action, including the precautionary measures it is intended to advocate. This is because, if we stipulate that precaution is ''required'' in the face of uncertain harms, and precautionary measures also carry a risk of harm, the precautionary principle can both demand and prohibit action at the same time. The risk of a policy resulting in catastrophic harm is always ''possible''. For example: prohibiting
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risks significantly reduced food production; placing a moratorium on nuclear power risks an over-reliance on coal that could lead to more air pollution; implementing extreme measures to slow global warming risks impoverishment and bad health outcomes for some people. The strong version of the precautionary principle, in that " bans the very steps that it requires", thus fails to be coherent. As Sunstein states, it is not protective, it is "paralyzing".


See also

* Argument from ignorance * Benefit of the doubt (similar concept) * Best available technology *
Biosecurity Biosecurity refers to measures aimed at preventing the introduction or spread of harmful organisms (e.g. viruses, bacteria, plants, animals etc.) intentionally or unintentionally outside their native range or within new environments. In agricult ...
* Centre for the Study of Existential Risk * Chesterton's fence * Clinical equipoise *
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*
Diffusion of innovations Diffusion of innovations is a theory that seeks to explain how, why, and at what rate new ideas and technology spread. The theory was popularized by Everett Rogers in his book ''Diffusion of Innovations'', first published in 1962. Rogers argue ...
* Ecologically sustainable development *
Environmental law Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activitie ...
* '' Environmental Principles and Policies'' * Health impact assessment * Maximin principle * Micromort * Policy uncertainty * Possible carcinogen * Postcautionary principle * Prevention of disasters principle * Proactionary principle *
Risk aversion In economics and finance, risk aversion is the tendency of people to prefer outcomes with low uncertainty to those outcomes with high uncertainty, even if the average outcome of the latter is equal to or higher in monetary value than the more c ...
*
Scientific skepticism Scientific skepticism or rational skepticism (also spelled scepticism), sometimes referred to as skeptical inquiry, is a position in which one questions the veracity of claims lacking scientific evidence. In practice, the term most commonly ref ...
* Substitution principle (sustainability) * Superconducting Super Collider *
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* Tombstone mentality * Vaccine controversies


References


Further reading

* Kai Purnhagen, "The Behavioural Law and Economics of the Precautionary Principle in the EU and its Impact on Internal Market Regulation", Wageningen Working Papers in Law and Governance 2013–04

* *
Communication from the European Commission on the precautionary principle Brusells (2000)
* European Union (2002), European Union consolidated versions of the treaty on European Union and of the treaty establishing the European community, Official Journal of the European Union, C325, 24 December 2002, Title XIX, article 174, paragraph 2 and 3. * Greenpeace, "Safe trade in the 21st Century, Greenpeace comprehensive proposals and recommendations for the 4th Ministerial Conference of the World Trade Organisation" pp. 8–

* * O'Riordan, T. and Cameron, J. (1995), ''Interpreting the Precautionary Principle'', London: Earthscan Publications * Raffensperger, C., and Tickner, J. (eds.) (1999) Protecting Public Health and the Environment: Implementing the Precautionary Principle. Island Press, Washington, DC. * Rees, Martin. Our Final Hour (2003). * Recuerda Girela, M.A., (2006), Seguridad Alimentaria y Nuevos Alimentos, Régimen jurídico-administrativo. Thomson-Aranzadi, Cizur Menor. * Recuerda Girela, M.A., (2006), "Risk and Reason in the European Union Law", European Food and Feed Law Review, 5. * * Sandin, P. "Better Safe than Sorry: Applying Philosophical Methods to the Debate on Risk and the Precautionary Principle," (2004). * Stewart, R.B. "Environmental Regulatory Decision making under Uncertainty". In An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design, Volume 20: 71–126 (2002). * Sunstein, Cass R. (2005), ''Laws of Fear: Beyond the Precautionary Principle''. New York: Cambridge University Press


External links

* * Report by the UK Interdepartmental Liaison Group on Risk Assessment, 2002
"The Precautionary Principle: Policy and Application"
* David Appell, ''
Scientific American ''Scientific American'', informally abbreviated ''SciAm'' or sometimes ''SA'', is an American popular science magazine. Many scientists, including Albert Einstein and Nikola Tesla, have contributed articles to it, with more than 150 Nobel Pri ...
'', January 2001: "The New Uncertainty Principle" * ''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', 27 July 2007
Only a reckless mind could believe in safety first
* ''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', 15 January 2005
"What is . . . the Precautionary Principle?"
* Bill Durodié, '' Spiked'', 16 March 2004
The precautionary principle assumes that prevention is better than cure
* European Environment Agency (2001)
Late lessons from early warnings: the precautionary principle 1896–2000


''Center for Responsible Nanotechnology'' 2004 * 1998

'' * Science and Environmental Health Network

The Precautionary Principle in Action – a Handbook] * Gary E. Marchant, Kenneth L. Mossman: ''Arbitrary and Capricious: The Precautionary Principle in the European Union Courts''.
American Enterprise Institute The American Enterprise Institute for Public Policy Research, known simply as the American Enterprise Institute (AEI), is a center-right think tank based in Washington, D.C., that researches government, politics, economics, and social welfare ...
Press 2004,
free online PDF
* Umberto Izzo, La precauzione nella responsabilità civile. Analisi di un concetto sul tema del danno da contagio per via trasfusionale (e-book reprint) he Idea of Precaution in Tort Law. Analysis of a Concept against the Backdrop of the Tainted- Blood Litigation UNITN e-prints, 2007, first edition Padua, Cedam 200
free online PDF

Better Safe than Sorry: Applying Philosophical Methods to the Debate on Risk and the Precautionary Principle

Communication from the European Commission on the precautionary principle
* UK Interdepartmental Liaison Group on Risk Assessment (ILGRA): The Precautionary Principle: Policy and Applicatio

* Report of UNESCO's group of experts on the Precautionary Principle (2005

* Max More (2010)
The Perils Of Precaution
{{DEFAULTSORT:Precautionary Principle Doubt European Union law Legal doctrines and principles Public health Risk management Safety Environmental policy United Nations Framework Convention on Climate Change