PRECAUTIONARY PRINCIPLE

SUBMITTED TO:
PROF. HRISHIKESH MANU
FACULTY OF ENVIRONMENTAL LAW
SUBMITTED BY:
SHUBHI MISHRA
BBA LLB. (HONS.)
4 TH YEAR, 7TH SEMESTER
1439

August , 2018

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges I have ever faced.

Though this project has been presented by me but there are many people who remained in

veil, who gave their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher PROF. HRISHIKESH MANU without

the kind support and help of whom the completion of the project was a herculean task for

me. She donated her valuable time from her busy schedule to help me to complete this

project and suggested me from where and how to collect information and data.

I am very thankful to the librarian who provided me several books on this topic which

proved beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which was very

useful and could not be ignored in writing the project. I want to convey a most sincere

thanks to my parents for helping me throughout the project.

SHUBHI MISHRA

ROLL NO. 1439

7th SEMESTER

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Objectives of the Study:
To study all the aspects environmental law precisely the precautionary principle.

Hypothesis:
The general view of the researcher is to find that should precautionary principal be a statutory requirement
universally.

Research Methodology:
The researcher has used doctrinal method in her research, that is, extensive use of literary sources and materials.
The researcher mainly uses secondary sources to provide substance to the research analysis. In some cases, the
researcher shall be bound to extract materials directly from the literary work of certain authors which the
researcher intend to adequately cite and notify in due course of time.

Sources of Data:
The researcher will collect the data from the following sources:

Secondary Sources: Books

Websites
Articles

Limitations of the Study:

Though this is an immense project and pages can be written over the topic due to time, finance, and territorial
constraints the researcher has been compelled to deal with a limited number of concepts only.

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INTRODUCTION.
The precautionary principle (or precautionary approach) generally defines actions on issues considered to be
uncertain, for instance applied in assessing risk management. The principle is used by policy makers to justify
discretionary decisions in situations where there is the possibility of harm from making a certain decision (e.g.
taking a particular course of action) when extensive scientific knowledge on the matter is lacking. The principle
implies that there is a social responsibility to protect the public from exposure to harm, when scientific
investigation has found a plausible risk. These protections can be relaxed only if further scientific findings
emerge that provide sound evidence that no harm will result.

In some legal systems, as in law of the European Union, the application of the precautionary principle has been
made a statutory requirement in some areas of law.

Regarding international conduct, the first endorsement of the principle was in 1982 when the World Charter for
Nature was adopted by the United Nations General Assembly, while its first international implementation was
in 1987 through the Montreal Protocol. Soon after, the principle integrated with many other legally binding
international treaties such as the Rio Declaration and Kyoto Protocol.

The concept "precautionary principle" is generally considered to have arisen in English from a translation of the
German term Vorsorgeprinzip in the 1980s. In 1988, Konrad von Moltke described the German concept for a
British audience, which he translated into English as the precautionary principle.

The concepts underpinning the precautionary principle pre-date the term's inception. For example, the essence
of the principle is captured in a number of cautionary aphorisms such as "an ounce of prevention is worth a
pound of cure", "better safe than sorry", and "look before you leap". The precautionary principle may also be
interpreted as the evolution of the "ancient-medical principle" of "first, do no harm" to apply to institutions and
institutional decision-making processes rather than individuals.

In economics, the Precautionary Principle has been analysed in terms of "the effect on rational decision-
making", of "the interaction of irreversibility" and "uncertainty". Authors such as Epstein and Arrow and
Fischer (1974) show that "irreversibility of possible future consequences" creates a "quasi-option effect" which
should induce a "risk-neutral" society to favour current decisions that allow for more flexibility in the future.
Gollier et al. (2000) conclude that "more scientific uncertainty as to the distribution of a future risk that is, a
larger variability of beliefs – should induce society to take stronger prevention measures today" .

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CHAPTERIZATION
INTRODUCTION

1. INTERNATIONAL AGREEMENTS AND DECLARATIONS.

2. COST BENEFIT ANALYSIS.

3. OPPORTUNITY COST.

4. PRINCIPLE vs APPROACH.

5. INTERNATIONAL SIGNIFICANCE OF PRINCIPLE.

CONCLUSION

BIBLIOGRAPHY.