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The precautionary principle suggests that if an action poses a potential risk to the public, policy makers should err on the side of caution. It is often used in environmental regulations and is incorporated into some laws, such as those of the European Union. The principle is based on two principles: understanding the risks and taking reasonable steps to avoid harm. It does not necessarily mean shutting down industries, but rather balancing the cost of measures against the potential harm.
The precautionary principle is a doctrine which states that if an action carries an inherent risk of harm to the public, but there is no scientific consensus that such harm will result, the burden of demonstrating that the action will not cause such harm damage is due to the person claiming the action. In other words, the precautionary principle invites policy makers to err on the side of caution where there is potential public harm. Most often, this principle is expressed in the context of environmental regulations, namely global warming. While the precautionary principle is often part of the natural decision-making process of governments on a day-to-day basis, it is usually not required by law. However, some governing bodies, such as the European Union (EU), have incorporated the doctrine into many of their laws.
There are two main principles underlying the precautionary principle. First, policy makers must understand the risks of harm that arise from a particular action before it occurs. Second is the existence of an obligation to take reasonable steps to avoid such harm even if there is no scientific evidence that harm will result. While these two principles are quite general and could be applied to any policy decision, the precautionary principle is typically only applied when there is adequate reason to believe that there is a significant risk of harm. Furthermore, the affirmation of the second principle on “reasonable measures” implies that the cost of taking or not taking such measures should be balanced against the risk and the extent of the potential harm.
The precautionary principle is most commonly illustrated in terms of the environmental effects of the policy. For example, governments can create regulations that cap carbon emissions from some industries based on the potential effects of high emissions on global warming, even if there is no scientific evidence that those emissions actually contribute to the problem. The mere likelihood that harm will result is sufficient under the precautionary principle to justify such regulation. However, it does not follow from the principle that governments should shut down the industry completely considering that only “reasonable measures” should be taken.
In general, the precautionary principle is just one of many approaches that government policymakers can take when deciding how to handle a problem. However, some government bodies have codified the principle in their statutes. For example, the European Commission has inserted several articulations within EU laws. Not only is it explicitly stated in some EU environmental statutes, but it has extended to other areas such as food safety regulation and other forms of consumer protection.
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