of such substances even before a casual link has been established by absolute clear scientific evidence.
The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating –
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 not be used as a reason for postponing cost-effective measures to protect environmental degradation.
The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – “lack of full scientific certainty should not be used as a reason for postponing cost-effective measures”. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment.
At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation –
Action to prevent harm despite uncertainty.
Shifting the burden of proof of proponents of a potentially harmful activity.
Examination of a full range of alternatives to potentially harmful activities, including no action.
Democratic decision making to ensure, inclusion of those affected.
The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:-
Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection.
It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before… absolutely clear…. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘…postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. “The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU”.
Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as
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