The Precautionary Principle

Definition and Concepts

Why the Precautionary Principle? The precautionary principle is an old concept with a new character. The Emergence of the Precautionary Principle

The precautionary principle has its beginnings in the German principle of Vorsorge.

 Principle 15 of the Rio Declaration (1992):

Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Characteristics of the Precautionary Principle

Case: Telstra Corporation Limited v Hornsby Shire Council

(1) Situations where there is uncertainty. (2) Threat to the environment (3) The threatened harm is of a serious or irreversible nature.

Application of the Precautionary Principle

Montreal Protocol on Substances that Deplete the Ozone Layer Vienna Convention on the Protection of Ozone Layer Cartegena Biosafety Protocol

Legal Application of the principle in Mauritius

National Synthesis report 2012, Rio+20, UNCSD Case: The (Mauritius) C.T. Power Ltd v. The Minister of Environment and Sustainable Development - Appeal against the decision of the Minister of Environment and Sustainable Development refusing an EIA licence to The (Mauritius) CT Power Ltd for the setting up of a Coal fired power plant at Pointe aux Caves, Albion.

- Important note: Common ground that the application for an EIA licence was rejected by the Minister on the basis of the precautionary principle Therefore, it can be observed that this international principle has its importance in our Mauritian Court

Criticisms about the Precautionary Principle (according to Peter Saunders)

Ill-defined

- Too many definitions of the precautionary principle - Too vague definitions to be useful How? Incoherent

Conclusion

In a nutshell, it means that if there is threat or risk of serious or irreversible damage to human health or the environment, precautionary actions must be taken even though there is lack of full certainty surrounding the issue.