The precautionary principle

Abstract

The precautionary principle has come to the fore in risk discourse. It calls for early measures to avoid and mitigate environmental damage and health hazards in the face of uncertainty. This paper reviews the history of and current research on the principle and suggests areas where further scrutiny is needed. The origin of the precautionary principle is traced back to three sources: (1) the general idea of precaution, (2) specific nonjudicial codes of conduct and arguments from precaution, and (3) law texts. Much of the current theoretical study has been concerned with analysis of different aspects of the precautionary principle and with assessment of specific versions of the principle in different regulatory contexts. Issues related to terminology, to basic structure shared by different formulations of the principle, and to the distinction between strong and weak interpretations are considered. Discussion on different versions of the precautionary principle as (1) rules of choice, (2) procedural requirements, and (3) epistemic rules or principles is briefly revisited. General arguments leveled at the principle are spelled out. Despite the attention the precautionary principle has received in academic literature, there remain areas of research which deserve more thorough scrutiny. Formal methods of inquiry have been insufficiently utilized. Topics which deserve further study include the normative underpinnings of the principle, the status of the principle in scientific risk analysis, and the principle’s relationship with stakeholder/public engagement.