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us and irreversible 27 1039 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 25 according to a publication by the new zealand treasury department the weak version of the precautionary principle is the least restrictive and allows preventive measures to be taken in the face of uncertainty but does not require them e g rio declaration 1992 united nations framework convention of climate change 1992 to satisfy the threshold of harm there must be some evidence relating to both the likelihood of occurrence and the severity of consequences some but not all require consideration of the costs of precautionary measures weak formulations do not preclude weighing benefits against the costs factors other than scientific uncertainty including economic considerations may provide legitimate grounds for postponing action under weak formulations the requirement to justify the need for action the burden of proof generally falls on those advocating precautionary action no mention is made of assignment of liability for environmental harm strong versions justify or require precautionary measures and some also establish liability for environmental harm which is effectively a strong form of polluter pays for example the earth charter states when knowledge is limited apply a precautionary approach place the burden of proof on those who argue that a proposed activity will not cause significant harm and make the responsible parties liable for environmental harm reversal of proof requires those proposing an activity to prove that the product process or technology is sufficiently safe before approval is granted requiring proof of no environmental harm before any action proceeds implies the public is not prepared to accept any environmental risk no matter what economic or social benefits may arise peterson 2006 at the extreme such a requirement could involve bans and prohibitions on entire classes of potentially threatening activities or substances cooney 2005 over time there has been a gradual transformation of the precautionary principle from what appears in the rio declaration to a stronger form that arguably by whom acts as restraint on development in the absence of firm evidence that it will do no harm 28 international agreements and declarations edit principle vs approach edit 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 as recuerda has noted the distinction between the precautionary principle and a precautionary approach is diffuse and in some contexts controversial in the negotiations of international declarations the united states has opposed the use of the term principle because this term has special connotations in legal language due to the fact that a principle of law is a source of law this means that it is compulsory so a court can quash or confirm a decision through the application of the precautionary principle in this sense the precautionary principle is not a simple idea or a desideratum but a source of law this is the legal status of the precautionary principle in the european union on the other hand an approach usually does not have the same meaning although in some particular cases an approach could be binding a precautionary approach is a particular lens used to identify risk that every prudent person possesses recuerda 2008 29 european union edit on 2 february 2000 the european commission issued a communication on the precautionary principle 19 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 states that union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the union it shall be based on the precautionary principle and on the principles that preventive action should be taken that environmental damage should as a priority be rectified at source and that the polluter should pay 30 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 31 282 83 through its application in case law it has become a general principle of eu law 31 283 in case t 74 00 artegodan 32 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 33 to a general principle of eu law 34 france edit in france the charter for the environment contains a formulation of the precautionary principle article 5 when the occurrence of any damage albeit unpredictable in the current state of scientific knowledge may seriously and irreversibly harm the environment public authorities shall with due respect for the principle of precaution and the areas within their jurisdiction ensure the implementation of procedures for risk assessment and the adoption of temporary measures commensurate with the risk involved in order to preclude the occurrence of such damage 35 united states edit on 18 july 2005 the city of san francisco passed a precautionary principle purchasing ordinance 36 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 edit 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 37 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 38 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 39 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 and the 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 edit 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 40 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 41 42 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 43 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 44 corporate edit body shop international a uk based cosmetics company included the precautionary principle in their 2006 chemicals strategy 45 environment and health edit fields typically concerned by the precautionary principle are the possibility of global warming or abrupt climate change in general extinction of species introduction of new products into the environment with potential impact on biodiversity e g genetically modified organisms threats to public health 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 endocrine disruptors food safety e g creutzfeldt jakob disease other new biosafety issues e g artificial life new molecules 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 where the few people undergoing risk have given informed consent e g a test pilot in the case of technological innovation containment of impact tends to be more difficult if that technology can self replicate bill joy emphasised the dangers of replicating genetic technology nanotechnology and robotic technology in his article in 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 to carry out clinical trials to show that new medications are safe oxford based philosopher nick bostrom discusses the idea of a future powerful superintelligence and the risks should it attempt to gain atomic level control of matter 46 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 chris phoenix and mike treder posit that there are two forms of the principle which they call the strict form and the active form 47 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 ti0 2 and zno nanoparticles in sunscreens biocidal nanosilver in waterways and products whose manufacture handling or recycling exposes humans to the risk of inhaling multi walled carbon nanotubes 48 animal sentience precautionary principle edit see also ethics of uncertain sentience 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 49 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 49 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 49 birch s formulation of the animal sentience precautionary principle runs as follows where there are threats of serious negative animal welfare outcomes lack of full scientific certainty as to the sentience of the animals in question shall not be used as a reason for postponing cost effective measures to prevent those outcomes 49 t...
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