IMPLEMENTATION OF PRECAUTIONARY PRINCIPLE IN COAL MINING LICENSES IN CENTRAL BENGKULU REGENCY OF BENGKULU PROVINCE

Coal mining license is a juridical instrument for businessmen to carry out coal mining activities. Coal mining license is also a preventive instrument to prevent coal mining activities from causing environmental damage and pollution. In the process of issuing and implementing coal mining licenses according to Law Number 32 of 2009 concerning Environmental Protection and Management, one must consider the precautionary principle, which is implemented by integrating environmental considerations, in making coal mining licenses decisions. However, coal mining activities carried out by 9 coal mining companies in the Watershed of Air Bengkulu, showed that there was environmental destruction and pollution seen along the Watershed of Air Bengkulu. This study aimed to determine the application of the precautionary principle to coal mining licenses and the legal consequences of coal mining license decisions that did not apply the precautionary principle. This research was conducted using juridical empirical/socio-legal research, and data analysis was carried out using a qualitative juridical approach. The results of this research showed that the government of Bengkulu Province has not applied the precautionary principle in the process and implementation of coal mining license in the Watershed of Air Bengkulu of Central Bengkulu Regency. The legal consequence of not applying the precautionary principle in the decision to issue 9 (nine) coal mining licenses which was an essential and material requirement in a decision to issue a permit was null and void (nietig van rechtwege) and could be canceled (vernietig baar), the government of Bengkulu Province has the authority to cancel the licenses decision because it is a State Administration official.

Környezetbiztonság – jövő nemzedékek védelme – elővigyázatosság

Összefoglaló. A biztonságpolitika és a környezetvédelem egyre fontosabbá váló közös kérdése a környezetbiztonság, a környezettel összefüggésben jelentkező veszélyhelyzetek, konfliktusok, válságok kezelése, lehetőség szerint megelőzése, hiszen azok a környezeti, társadalmi, gazdasági rendszerek stabilitását súlyosan megzavarják. Környezetbiztonságról akkor kerül szó, amikor a környezet terhelése, erőforrások felhasználása az elfogadhatónak tartott mértéket meghaladja. Erre példa, amikor ez környezeti migrációt vált ki vagy közreműködik vírusok terjedésében. Kiemelt kérdéseink egyike a jövő nemzedékek biztonságának veszélyeztetése, akiknek sorsa a mai generációk kezében van, számunkra jelent tehát kötelezettségeket. Az egyre szélesebb értelmet nyerő fenntartható fejlődés gondolata is e köré épül, erkölcsi értéket is megjelenítve egyben. A környezetvédelem és egyidejűleg a környezetbiztonság rendelkezésére álló számos eszköz, intézmény sorában – második részletesebben vizsgált kérdésként – előkelő helye van az elővigyázatosság elvének, hozzásegítve, hogy a lehető legkorábban próbáljuk kezelni a kockázatot jelentő helyzeteket, nem várva a teljes tudományos bizonyosságra azok létét illetően. Kiemelt témáink révén képet kapunk a kérdéskör komplexitásáról, sajátos összefüggéseinek rendszeréről, elhelyezve mindezt a környezetbiztonság egészében. Summary. Environmental security is unquestionably a vital element of both security and environmental policy, having a growing importance. This covers the management of conflicts, connected with environmental problems, the prevention and managing of crisis situations, which might seriously threaten the stability of environmental, social and economic systems in local, regional, national and global level. We may even assume that the effects of environmental degradation might always lead to possible conflicts, but the major delimitation is the extent. For example, one may mention environmental migration or the environmental implications of the current pandemic, due to the uncontrolled interaction between mankind and the natural environment. Environmental protection is a part of sustainable development, having ecological orientation. The most important constituents of sustainable development are inter- and intragenerational equity, both having a fundamental moral value. Environmental security is not only the enigma of the current generation but is connected to a great extent with the interests of future generations, who have no real influence on their own situation, as their destiny is in the hands of the current generation. The most suitable response should be to indicate the obligations of the current generation to protect the rights of the next ones. The Fundamental Law of Hungary is clear in this respect, placing future generations in the centre, among others in Article P). The substance of these references is clarified in the decisions of the Constitutional Court, using among others non-retrogression principle as a starting point. The latest decisions also refer to the precautionary principle as a major point of reference, which is a rational tool for both environmental security issues and for the protection of the rights of future generations. The precautionary principle means that we should control risky situations at the earliest possible stage, preceding the duty of prevention, not waiting till the full scientific certainty becomes reality. This requirement should form the basis of any activity having the chance for significant pollution, degradation, or generating a crisis situation. According to the Constitutional Court even the state – which has a primary responsibility in this respect – must take special care for the careful assessment of risks and should take all the available measures to avoid negative consequences. The Court also underlined that the precautionary principle has a constitutional character, based upon the rights of future generations.

Balancing benefits and potential risks of vaccination: the precautionary principle and the law of unintended consequences

Vaccination is a life-saving endeavour, yet risk and uncertainty are unavoidable in science and medicine. Vaccination remains contentious in the public mind, and vaccine hesitancy is a serious public health issue. This has recently been reignited in the discussion over potential side effects of COVID-19 vaccines, and the decision by several countries to suspend measures such as the AstraZeneca vaccine. In these instances, the precautionary principle has often been invoked as a rationale, yet such heuristics do not adequately weigh potential harms against real benefits. How we analyse, communicate and react to potential harms is absolutely paramount to ensure the best decisions and outcomes for societal health, and maintaining public confidence. While balancing benefits and risks is an essential undertaking, it cannot be achieved without due consideration of several other pertinent factors, especially in the context of vaccination, where misguided or exaggerated fears have in the past imperilled public health. While well meaning, over reactions to potential hazards of vaccination and other health interventions can have unintended consequences, and cause lingering damage to public trust. In this analysis, we explore the challenges of assessing risk and benefit, and the limitations of the precautionary principle in these endeavours. When risk is unclear, cautious vigilance might be a more pragmatic and useful policy than reactionary suspensions.

The Implementation of the Precautionary Principle in Nuclear Safety Regulation: Challenges and Prospects

The precautionary principle has been implemented in many fields including environment protection, biological diversity, and climate change. In the field of international nuclear safety regulation, the implementation of this principle is in an ongoing process. Since Japan declared to discharge Fukushima nuclear waste water into the ocean, the precautionary principle was put on the stage, and some debates are invoked on it. As is observed by this article, the precautionary principle has not been effectively implemented in nuclear safety regulation, specifically in nuclear safety law making, law enforcement, and judicial application. The reasons can be found from two main challenges: indeterminacy of perceived risk level required to justify precautionary action and hard balance of national interest and community interest in nuclear safety. In a long-term perspective, the framework of international nuclear safety regulation has to respond to these challenges, both by clarifying the precautionary principle in legal binding nuclear safety documents and moving towards a more transparent, fair, and effective enforcement regime in order to promote safer, more sustainable, and efficient civilian nuclear utilization around the world.

“Five Keys to Safer Food” and COVID-19

On 11 March 2020, coronavirus disease 2019 (COVID-19) was declared a pandemic by the World Health Organization (WHO) and, up to 18:37 am on 9 December 2021, it has produced 268,440,530 cases and 5,299,511 deaths. This disease, in some patients, included pneumonia and shortness of breath, being transmitted through droplets and aerosols. To date, there is no scientific literature to justify transmission directly from foods. In this review, we applied the precautionary principle for the home and the food industry using the known “Five Keys to Safer Food” manual developed by the World Health Organization (WHO) and extended punctually in its core information from five keys, in the light of new COVID-19 evidence, to guarantee a possible food safety tool.

When I use a word . . . . The Precautionary Principle: a brief history

Two ideas precede the modern Precautionary Principle. First, that prevention is better than cure, exemplified by an aphorism in an early 13th century book of Jewish aphorisms, the Sefer Hasidim : “Who is a skilled physician? He who can prevent sickness.” Secondly, Thomas Sydenham’s 17th century assertion that in healthcare it is important above all not to do harm, “primum est ut non nocere.” These two ideas come together in the Vorsorgeprinzip, which was incorporated into German legislation for maintaining clean air in the 1960s and 1970s, and first appeared in English-language documents in 1982, which referred to taking a precautionary approach or precautionary measures, or more formally as the Precautionary Principle. The principle features in international documents such as the Rio Declaration and in many pieces of EU legislation relating to topics as diverse as genetically modified organisms, food safety, the safety of toys, and invasion of alien species of animals, plants, fungi, or microorganisms.

Univariable associations between a history of incarceration and HIV and HCV prevalence among people who inject drugs across 17 countries in Europe 2006 to 2020 – is the precautionary principle applicable?

Background People who inject drugs (PWID) are frequently incarcerated, which is associated with multiple negative health outcomes. Aim We aimed to estimate the associations between a history of incarceration and prevalence of HIV and HCV infection among PWID in Europe. Methods Aggregate data from PWID recruited in drug services (excluding prison services) or elsewhere in the community were reported by 17 of 30 countries (16 per virus) collaborating in a European drug monitoring system (2006–2020; n = 52,368 HIV+/−; n = 47,268 HCV+/−). Country-specific odds ratios (OR) and prevalence ratios (PR) were calculated from country totals of HIV and HCV antibody status and self-reported life-time incarceration history, and pooled using meta-analyses. Country-specific and overall population attributable risk (PAR) were estimated using pooled PR. Results Univariable HIV OR ranged between 0.73 and 6.37 (median: 2.1; pooled OR: 1.92; 95% CI: 1.52–2.42). Pooled PR was 1.66 (95% CI 1.38–1.98), giving a PAR of 25.8% (95% CI 16.7–34.0). Univariable anti-HCV OR ranged between 1.06 and 5.04 (median: 2.70; pooled OR: 2.51; 95% CI: 2.17–2.91). Pooled PR was 1.42 (95% CI: 1.28–1.58) and PAR 16.7% (95% CI: 11.8–21.7). Subgroup analyses showed differences in the OR for HCV by geographical region, with lower estimates in southern Europe. Conclusion In univariable analysis, a history of incarceration was associated with positive HIV and HCV serostatus among PWID in Europe. Applying the precautionary principle would suggest finding alternatives to incarceration of PWID and strengthening health and social services in prison and after release (‘throughcare’).

Child-centred pandemic decisions: how the Precautionary Principle can generate better risk assessment in an era of uncertainty

Key messagesRisk assessment for children has been a polarising issue during the Covid-19 pandemic. Governments around the world are preparing to ‘open up’ before risks to children are fully quantified, with unknown implications for their long-term health.Applying the Precautionary Principle to child health requires decision makers to 1) take preventive action until risks are better understood; 2) ensure that the burden of proof rests with proponents of risk; 3) explore alternatives to the risk; and 4) use participatory approaches to decision-making.Policies relating to children must be centred on the rights and wellbeing of children. We provide a framework for comprehensive Health Impact Assessments to ensure that direct and indirect impacts upon children are taken into account in major policy decisions.Elimination strategies offer an integrated approach to the protection of children’s wellbeing, the wellbeing of the population as a whole, and health equity. Where countries are transitioning away from elimination, a tight suppression approach is preferable to loose suppression or mitigation.

POTENTIAL CONFLICT OF LAND DEED IN THE PERSPECTIVE OF NOTARY POSITION

This study aims to find out the potential conflicts on Land Deeds made by Notaries and to find out Notary efforts in making Land Deeds to minimize potential land conflicts. The method used in this study is the normative legal research method. In addition, the statute approach, conceptual approach, and analytical approach are the approach used in this study. The results of this study showed that (1) potential conflicts on Land Deeds made by Notaries are due to Notaries in carrying out their positions tend to be in a dilemma which on the one hand must comply with legal provisions with a normative nature, and on the other hand, empirical facts are so complex and often cannot be handled and accommodated by regulations that tend to be rigid. This is because when carrying out its positions, the Notary must serve the client, while the client needs service without being too concerned with the regulations that bind the Notary. (2) Notary efforts in issuing Land Deeds to minimize the potential for Land Conflicts are required to examine the completeness of documents by applying the precautionary principle to protect the real owner and reduce conflicts in the land sector. The application of the precautionary principle of the Notary in producing the PPJB deed and the Lease Agreement deed to registered land rights to be registered at the Land Office must start from the stage before the deed, the stage at which the deed is made and the reading of the deed.