Report back from the precautionary principle debate held at the third SETAC World Congress, Brighton, May 21–25, 2000

2000 ◽  
Vol 7 (3) ◽  
pp. 144-146
Author(s):  
David Santillo ◽  
Paul Johnston
2021 ◽  
Vol 22 (2) ◽  
pp. 184-215
Author(s):  
Giulia Claudia Leonelli

AbstractThis Article frames the precautionary principle as an inner limit to the EU institutions’ broad discretion in the field of EU risk regulation, contextualizing recourse to the principle against the more encompassing backdrop of socially acceptable risk approaches. On these grounds, it inquires to what extent the precautionary principle may be successfully invoked in challenges to acts which are deemed insufficiently protective. The opening sections set the ground for the analysis. The third section analyzes challenges to regulatory acts, arguing that the Court has followed a quantitative threshold approach. This is legally tenable and appropriate; however, it cannot do justice to the true nature of the precautionary principle. The following sections analyze cases involving legislative acts. This includes an in-depth examination of the recent Blaise case, which has put judicial review of compliance with the precautionary principle under the spotlight. Against this overall background, this Article concludes that judicial review can hardly do justice to the precautionary principle, as applicable to the risk management process and underpinning EU legislative frameworks. It will ultimately rest on EU risk managers and EU legislators to ensure that the principle is applied and that its overarching goals are pursued.


2019 ◽  
Vol 112 (6) ◽  
pp. 511-517
Author(s):  
Bob Fischer

Abstract Some people have moral objections to insect consumption. After explaining the philosophical motivations for such objections, I discuss three of them, suggesting potential replies. The first is that insect consumption ignores the precautionary principle, which we can gloss here as “Don’t know, don’t farm.” In other words, although there might be evidence that insects are not conscious, we do not know that they are not; so, we should not take the moral risk associated with killing them en masse. The second concern is driven by a different way of assessing moral risk—namely, by calculating expected utility. The short version: even if it is incredibly unlikely that insects are conscious, farming them involves harming so many of them that it is better simply to grow plants instead. The third concern is about whether insects live “net negative lives,” with more pain than pleasure. The thought is that if they do, then their lives are not worth living overall, in which case it is wrong to bring them into existence. I conclude by considering the prospects for strategic alliances between animal advocates and those who promote insect consumption, in the even that they are unable to resolve their moral disagreements.


Author(s):  
Eugen Pissarskoi

How can we reasonably justify a climate policy goal if we accept that only possible consequences from climate change are known? Precautionary principles seem to offer promising guidelines for reasoning in such epistemic situations. This chapter presents two versions of the precautionary principle (PP) and defends one of them as morally justifiable. However, it argues that current versions of the PP do not allow discrimination between relevant climate change policies. Therefore, the chapter develops a further version of the PP, the Controllability Precautionary Principle (CPP), and defends its moral plausibility. The CPP incorporates the following idea: in a situation when the possible outcomes of the available actions cannot be ranked with regard to their value, the choice between available options for action should rest on the comparison of how well decision makers can control the processes of the implementation of the available strategies.


2020 ◽  
Vol 25 (1) ◽  
pp. 53-79
Author(s):  
Emma J Marchant

Abstract The targeting protocols applied by forces during armed conflict are some of the most secretive documents held by any military. However, their role in applying principles of international humanitarian law (IHL) means that they are key to understanding their development. This piece is primarily concerned with practical and operational application of the precautionary principle under IHL; how much knowledge is sufficient to carry out an attack lawfully during modern armed conflict. In order to establish if a standard has developed with the increase in intelligence, surveillance and reconnaissance technology, this piece uses the framework of an investigation into an incident in Kunduz, Afghanistan in 2009. I explore the difficulties of obtaining information post-incident, the differential standards expected by North Atlantic Treaty Organization (NATO) and the Bundesgerichtshof (German Federal Court of Justice), and the manner in which these can be evaluated through the principles of proportionality, distinction and precautions in attack. The piece looks at the interrelated issues raised by the Rules of Engagement and Tactical Directives, as well as the problems surrounding the clarity of intelligence available. I argue that this case is demonstrative of the failings inherent in the application and practical use of the precautionary principle outlined by IHL. The lack of transparency afforded in, and after, incidents of this nature prevents objective analysis and so the development of IHL can be obfuscated. I conclude that the lack of information following incidents of this kind confuses any intelligence standard that exists under IHL.


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