The Precautionary Principle

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.

Definition and Concepts

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.”

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.

Characteristics of the Precautionary Principle

Montreal Protocol on Substances that Deplete the Ozone Layer

Vienna Convention on the Protection of Ozone Layer Cartegena Biosafety Protocol

Application of the Precautionary Principle

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.

Legal Application of the principle in Mauritius

- 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

Ill-defined

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

How?

Incoherent

Criticisms about the Precautionary Principle (according to Peter Saunders)

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.

Conclusion