Overexploitation of a Valuable Resource? New Literature on the Precautionary Principle

Abstract

The precautionary principle in international law has attracted intense and sustained attention in the last ten to 15 years. It is thus becoming increasingly difficult for authors to make meaningful contributions in this area. Nevertheless, there remain a number of important research questions to be explored or further developed. In this review essay, the author considers four recent works on precaution and examines the extent to which they are able to break new ground in this crowded field. Four themes are taken up. First is the question whether precaution has become a rule of customary international law, which, the author suggests, does not require further sustained academic attention at this time. Second, the impact of precaution on the relationship between science and law is considered. Third, the limits of precaution are explored. Given the extraordinarily high expectations that many jurists have of this principle, consideration of the appropriateness of these expectations seems timely. Finally, the doctrinal implications of precaution are taken up. Despite the attention that jurists have bestowed upon the principle, the identification of these implications remains an elusive goal.