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Environmental protection and the ' precautionary principle ': A response to scientific uncertainty in environmental management

Author
Gullett W.
Journal/Series
Environmental and Planning Law Journal | Vol. 14(1); 52 - 69; 18 p.
Date
1997
Source
IUCN (ID: ANA-060141)
Publisher | Place of publication
The Law Book Company Ltd. | North Ryde, Australia
Language
English
Field of application
International
Subject
Environment gen.
Keyword
Research Precautionary principle
Abstract

The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity of the environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the 'precautionary principle', tracing its development from an uncontroversial espousal of common sense to its emergence as a potentially forceful decision-making norm. It will be argued that although the principle has definitional and implementational short- comings, it has capacity to inform environmental practices systematically as the basis of a regulatory regime - not merely at the policy level.