Precautionary Principle in the Court Settlement of Civil Environmental Cases

2021 ◽  
pp. 1-9
Author(s):  
Cecep Aminudin ◽  
Efa Laela Fakhriah ◽  
Ida Nurlinda ◽  
Isis Ikhwansyah
Keyword(s):  
Decision Making ◽  
Precautionary Principle ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
Weak Version ◽  
Court Cases ◽  
The Precautionary Principle ◽  
Environmental Decision Making ◽  
Legal Decision Making ◽  
Civil Courts

In recent years, the precautionary principle has begun to enter legal decision-making in Indonesian civil courts. This introduction is in line with environmental cases that often involve much scientific evidence. This article aims to describe theoretical elaboration and, to a certain extent, legal developments in the application of the precautionary principle in the settlement of civil environmental cases in Indonesia. The precautionary principle provides a framework for environmental decision-making in the event of scientific uncertainty. The theoretical elaboration shows a wide dimension of influence of the precautionary principle on the system of liability and proof. In comparison, the court cases also show the application of the precautionary principle in the liability system and proof despite still in its weak version.

Precaution: A taxonomy

2012 ◽  
Vol 42 (1) ◽  
pp. 143-157 ◽  
Author(s):  
José Luis Luján ◽  
Oliver Todt
Keyword(s):  
Decision Making ◽  
Precautionary Principle ◽  
Technology Policy ◽  
Technological Development ◽  
Science And Technology Policy ◽  
Policy Implications ◽  
Scientific Uncertainty ◽  
Direct Link ◽  
The Precautionary Principle ◽  
Policy Debates

In this paper we propose a typology of three interpretations of the precautionary principle, each with its associated philosophical and policy implications. We found that these different interpretations of precaution are closely related to variations in the understanding of scientific uncertainty, as well as varying ways of assessing possible (but uncertain) impacts of scientific–technological development. There is a direct link to the question of what scientific knowledge is and what role it plays in regulation and decision-making. The proposed typology permits a conceptual systematization of the current controversies related to the precautionary principle, while facilitating understanding of some of the deeper roots of science and technology policy debates.

scholarly journals Automated Decision-Making and the Precautionary Principle in EU Law

2019 ◽  
Vol 9 (4) ◽  
pp. 3-18
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
Precautionary Principle ◽  
Data Protection ◽  
Natural Environment ◽  
Environmental Law ◽  
Scientific Uncertainty ◽  
Digital Environment ◽  
The Precautionary Principle ◽  
Data Protection Law ◽  
Automated Decision Making

Abstract The article is predicated upon the allegation that there is a similarity between the scientific uncertainty linked to the hazard which human interventions pose to the natural environment and the hazard which the development of automated decision-making techniques poses to certain aspects of human lives in the digital environment. On the basis of this allegation, the analysis examines the similarities between the European environmental law, which is crucial for the natural environment, and the European data protection law, which is fundamental for the digital environment. As there are measures already adopted by the data protection law from the environmental law, such as impact assessments and the right to access information, the main hypothesis of this analysis is to consider whether there are further inspirations for the development of European data protection law which could be drawn from environmental law, regarding the scientific uncertainty which is common to these two areas of regulation. The article examines a legal measure, namely, the precautionary principle, as the conjectural response to the challenges linked to the development of the new technologies. The experiences collected in the area of environmental law concerning the precautionary principle are analysed as a source of lessons to be learned concerning the regulatory measures adopted in order to deal with scientific uncertainty, not only in the natural environment, but also in the digital one.

Risk and Precaution in Decision Making about Nature

2016 ◽  
Author(s):  
Jonathan Aldred
Keyword(s):  
Risk Assessment ◽  
Decision Making ◽  
Precautionary Principle ◽  
The Precautionary Principle ◽  
Environmental Decision Making ◽  
Environmental Decisions ◽  
Environmental Decision

The normative bases for two fundamentally different approaches to environmental decision making are examined. First, orthodox “risk assessment.” In the conditions of (partial) uncertainty or ignorance prevailing in many environmental decisions, it is argued that CBA and similar forms of risk assessment should not be used in isolation. Second, the precautionary principle. Two conditions—broadly speaking, “uncertainty” and “particular threats”—seem especially relevant to determining the applicability of the precautionary principle. Gardiner’s “Rawlsian Core Precautionary Principle” is examined in detail. It features both conditions; an incommensurabilist interpretation of the latter is adopted. In short, precaution is justified in decision contexts involving both uncertainty and incommensurability. Since both uncertainty and incommensurability are matters of degree, there are intermediate cases to consider. The analysis argues that with “more” uncertainty, “less” incommensurability is required to justify precaution, and vice versa.

scholarly journals Electromagnetic fields, 5G and health: what about the precautionary principle?

2021 ◽  
pp. jech-2019-213595
Author(s):  
John William Frank
Keyword(s):  
Precautionary Principle ◽  
Conflicts Of Interest ◽  
Biological Effects ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
The Precautionary Principle ◽  
5G Systems ◽  
Roll Out

New fifth generation (5G) telecommunications systems, now being rolled out globally, have become the subject of a fierce controversy. Some health protection agencies and their scientific advisory committees have concluded that there is no conclusive scientific evidence of harm. Several recent reviews by independent scientists, however, suggest that there is significant uncertainty on this question, with rapidly emerging evidence of potentially harmful biological effects from radio frequency electromagnetic field (RF-EMF) exposures, at the levels 5G roll-out will entail. This essay identifies four relevant sources of scientific uncertainty and concern: (1) lack of clarity about precisely what technology is included in 5G; (2) a rapidly accumulating body of laboratory studies documenting disruptive in vitro and in vivo effects of RF-EMFs—but one with many gaps in it; (3) an almost total lack (as yet) of high-quality epidemiological studies of adverse human health effects from 5G EMF exposure specifically, but rapidly emerging epidemiological evidence of such effects from past generations of RF-EMF exposure; (4) persistent allegations that some national telecommunications regulatory authorities do not base their RF-EMF safety policies on the latest science, related to unmanaged conflicts of interest. The author, an experienced epidemiologist, concludes that one cannot dismiss the growing health concerns about RF-EMFs, especially in an era when higher population levels of exposure are occurring widely, due to the spatially dense transmitters which 5G systems require. Based on the precautionary principle, the author echoes the calls of others for a moratorium on the further roll-out of 5G systems globally, pending more conclusive research on their safety.

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