An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws

Mark Akunna Eze; Ifeanyi Samson Eze

doi:doi:10.11648/j.ijees.20190403.12

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An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws

Mark Akunna Eze, Ifeanyi Samson Eze

Published in International Journal of Energy and Environmental Science (Volume 4, Issue 3)

Received: 16 May 2019 Accepted: 20 June 2019 Published: 6 August 2019

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Abstract

There is risk in every human activity. Statistics indicate that these risks are earth bound. Arguments as to whether policies meant to check and control these risks based on scientific evidence or on mere suspicion of risks have formed the subject of debate in many international conferences. Some persons agree that decisions to protect/prevent risk must be based on clear evidence of risk, others believe that mere suspicion with or without any clear evidence of risk is enough to warrant such policies. Risk is measured not only by positive knowledge of quantifiable but also by the degree of uncertainty or lack of knowledge about a possible hazard… On the continuum, between, a merely speculative risk and a conclusively demonstrated one lies a vast stretch of undemonstrated, un-quantified but scientifically plausible risk. Within that zone, the risk of harm is real so long as safety is unproven. It is this broad spectrum of potential risk, beyond that which is clearly identifiable and preventable that the precautionary principles, the roots of which lie in the environmental movements of the 1970s, seek to mitigate. This work set out to examine the precautionary principle as an environmental policy, its origin, meaning, importance and adaptation in international, regional, and domestic Laws. This study applied desk approach in generating data for the study. The result indicates that though the principle has become an established principle of environmental law particularly at international level, it is yet to be legitimately invoked and applied by most national laws.

Published in	International Journal of Energy and Environmental Science (Volume 4, Issue 3)
DOI	10.11648/j.ijees.20190403.12
Page(s)	47-51
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2019. Published by Science Publishing Group

Keywords

Precautionary, Principles, Adaptation and Laws

References

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[9]	P. H. Martin, “If You Don’t Know How to Fix it Please Stop Breaking it; The precautionary Principle and Climate Change,” (Foundation of Science, 1997) p. 263-292.
[10]	H. Guldberg, “Challenging the Precautionary Principle: How has the Society come to be Governed by the Maxim “Better Safe than Sorry,” available at http://salascove.com/dioxin2007/organisedparanoia.pdf assessed 13/10/15.
[11]	S. O. Nliam, “International Oil and Gas Environmental Legal Framework and the Precautionary Principle: the Implication for Niger Delta”, (African Journal of International and Comparative Law, 2014) p. 22-39.
[12]	B. Patricia et al, International Law and the Environment, (Oxford University Press, 2009) p. 154.
[13]	Landelijke Vereniging tot Behoud Van de Wadden Zee’s case (2004) E. C. R, 1-7405.
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[19]	Pfitzer Animal Health V. Council of the EU, (2002) 11 E. C. R 3305, para. 143.
[20]	R. Dworkin, Taking Rights Seriously, (Harvard University Press, 1977) p. 24-26.
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[23]	Kenisha Garnett, & David J. Parson, “Multi-Case Review of the Application of the Precautionary Principle in European Union Law and Case Law”, available from https://onlinelibrary.wiley.com/doi/full/10.1111/risa.12633. Assessed 13/04/18.
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[36]	Briginshaw v. Briginshaw (1938) 60 CLR 336 at 361-362.

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Mark Akunna Eze, Ifeanyi Samson Eze. (2019). An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws. International Journal of Energy and Environmental Science, 4(3), 47-51. https://doi.org/10.11648/j.ijees.20190403.12

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ACS Style

Mark Akunna Eze; Ifeanyi Samson Eze. An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws. Int. J. Energy Environ. Sci. 2019, 4(3), 47-51. doi: 10.11648/j.ijees.20190403.12

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AMA Style

Mark Akunna Eze, Ifeanyi Samson Eze. An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws. Int J Energy Environ Sci. 2019;4(3):47-51. doi: 10.11648/j.ijees.20190403.12

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@article{10.11648/j.ijees.20190403.12,
  author = {Mark Akunna Eze and Ifeanyi Samson Eze},
  title = {An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws},
  journal = {International Journal of Energy and Environmental Science},
  volume = {4},
  number = {3},
  pages = {47-51},
  doi = {10.11648/j.ijees.20190403.12},
  url = {https://doi.org/10.11648/j.ijees.20190403.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijees.20190403.12},
  abstract = {There is risk in every human activity. Statistics indicate that these risks are earth bound. Arguments as to whether policies meant to check and control these risks based on scientific evidence or on mere suspicion of risks have formed the subject of debate in many international conferences. Some persons agree that decisions to protect/prevent risk must be based on clear evidence of risk, others believe that mere suspicion with or without any clear evidence of risk is enough to warrant such policies. Risk is measured not only by positive knowledge of quantifiable but also by the degree of uncertainty or lack of knowledge about a possible hazard… On the continuum, between, a merely speculative risk and a conclusively demonstrated one lies a vast stretch of undemonstrated, un-quantified but scientifically plausible risk. Within that zone, the risk of harm is real so long as safety is unproven. It is this broad spectrum of potential risk, beyond that which is clearly identifiable and preventable that the precautionary principles, the roots of which lie in the environmental movements of the 1970s, seek to mitigate. This work set out to examine the precautionary principle as an environmental policy, its origin, meaning, importance and adaptation in international, regional, and domestic Laws. This study applied desk approach in generating data for the study. The result indicates that though the principle has become an established principle of environmental law particularly at international level, it is yet to be legitimately invoked and applied by most national laws.},
 year = {2019}
}

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TY  - JOUR
T1  - An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws
AU  - Mark Akunna Eze
AU  - Ifeanyi Samson Eze
Y1  - 2019/08/06
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N1  - https://doi.org/10.11648/j.ijees.20190403.12
DO  - 10.11648/j.ijees.20190403.12
T2  - International Journal of Energy and Environmental Science
JF  - International Journal of Energy and Environmental Science
JO  - International Journal of Energy and Environmental Science
SP  - 47
EP  - 51
PB  - Science Publishing Group
SN  - 2578-9546
UR  - https://doi.org/10.11648/j.ijees.20190403.12
AB  - There is risk in every human activity. Statistics indicate that these risks are earth bound. Arguments as to whether policies meant to check and control these risks based on scientific evidence or on mere suspicion of risks have formed the subject of debate in many international conferences. Some persons agree that decisions to protect/prevent risk must be based on clear evidence of risk, others believe that mere suspicion with or without any clear evidence of risk is enough to warrant such policies. Risk is measured not only by positive knowledge of quantifiable but also by the degree of uncertainty or lack of knowledge about a possible hazard… On the continuum, between, a merely speculative risk and a conclusively demonstrated one lies a vast stretch of undemonstrated, un-quantified but scientifically plausible risk. Within that zone, the risk of harm is real so long as safety is unproven. It is this broad spectrum of potential risk, beyond that which is clearly identifiable and preventable that the precautionary principles, the roots of which lie in the environmental movements of the 1970s, seek to mitigate. This work set out to examine the precautionary principle as an environmental policy, its origin, meaning, importance and adaptation in international, regional, and domestic Laws. This study applied desk approach in generating data for the study. The result indicates that though the principle has become an established principle of environmental law particularly at international level, it is yet to be legitimately invoked and applied by most national laws.
VL  - 4
IS  - 3
ER  -

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Author Information

Mark Akunna Eze

Department of Mass Communication, School of Communication Arts, Institute of Management and Technology (IMT), Enugu, Nigeria
Ifeanyi Samson Eze

Department of Pure and Industrial Chemistry, Faculty of Physical Sciences, University of Nigeria, Nsukka, Nigeria

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Plain Text BibTeX RIS

APA Style

Mark Akunna Eze, Ifeanyi Samson Eze. (2019). An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws. International Journal of Energy and Environmental Science, 4(3), 47-51. https://doi.org/10.11648/j.ijees.20190403.12

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ACS Style

Mark Akunna Eze; Ifeanyi Samson Eze. An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws. Int. J. Energy Environ. Sci. 2019, 4(3), 47-51. doi: 10.11648/j.ijees.20190403.12

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AMA Style

Mark Akunna Eze, Ifeanyi Samson Eze. An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws. Int J Energy Environ Sci. 2019;4(3):47-51. doi: 10.11648/j.ijees.20190403.12

Copy | Download

@article{10.11648/j.ijees.20190403.12,
  author = {Mark Akunna Eze and Ifeanyi Samson Eze},
  title = {An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws},
  journal = {International Journal of Energy and Environmental Science},
  volume = {4},
  number = {3},
  pages = {47-51},
  doi = {10.11648/j.ijees.20190403.12},
  url = {https://doi.org/10.11648/j.ijees.20190403.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijees.20190403.12},
  abstract = {There is risk in every human activity. Statistics indicate that these risks are earth bound. Arguments as to whether policies meant to check and control these risks based on scientific evidence or on mere suspicion of risks have formed the subject of debate in many international conferences. Some persons agree that decisions to protect/prevent risk must be based on clear evidence of risk, others believe that mere suspicion with or without any clear evidence of risk is enough to warrant such policies. Risk is measured not only by positive knowledge of quantifiable but also by the degree of uncertainty or lack of knowledge about a possible hazard… On the continuum, between, a merely speculative risk and a conclusively demonstrated one lies a vast stretch of undemonstrated, un-quantified but scientifically plausible risk. Within that zone, the risk of harm is real so long as safety is unproven. It is this broad spectrum of potential risk, beyond that which is clearly identifiable and preventable that the precautionary principles, the roots of which lie in the environmental movements of the 1970s, seek to mitigate. This work set out to examine the precautionary principle as an environmental policy, its origin, meaning, importance and adaptation in international, regional, and domestic Laws. This study applied desk approach in generating data for the study. The result indicates that though the principle has become an established principle of environmental law particularly at international level, it is yet to be legitimately invoked and applied by most national laws.},
 year = {2019}
}

Copy | Download

TY  - JOUR
T1  - An Analysis of the Precautionary Principles and Its Adaptation in International, Regional and National Laws
AU  - Mark Akunna Eze
AU  - Ifeanyi Samson Eze
Y1  - 2019/08/06
PY  - 2019
N1  - https://doi.org/10.11648/j.ijees.20190403.12
DO  - 10.11648/j.ijees.20190403.12
T2  - International Journal of Energy and Environmental Science
JF  - International Journal of Energy and Environmental Science
JO  - International Journal of Energy and Environmental Science
SP  - 47
EP  - 51
PB  - Science Publishing Group
SN  - 2578-9546
UR  - https://doi.org/10.11648/j.ijees.20190403.12
AB  - There is risk in every human activity. Statistics indicate that these risks are earth bound. Arguments as to whether policies meant to check and control these risks based on scientific evidence or on mere suspicion of risks have formed the subject of debate in many international conferences. Some persons agree that decisions to protect/prevent risk must be based on clear evidence of risk, others believe that mere suspicion with or without any clear evidence of risk is enough to warrant such policies. Risk is measured not only by positive knowledge of quantifiable but also by the degree of uncertainty or lack of knowledge about a possible hazard… On the continuum, between, a merely speculative risk and a conclusively demonstrated one lies a vast stretch of undemonstrated, un-quantified but scientifically plausible risk. Within that zone, the risk of harm is real so long as safety is unproven. It is this broad spectrum of potential risk, beyond that which is clearly identifiable and preventable that the precautionary principles, the roots of which lie in the environmental movements of the 1970s, seek to mitigate. This work set out to examine the precautionary principle as an environmental policy, its origin, meaning, importance and adaptation in international, regional, and domestic Laws. This study applied desk approach in generating data for the study. The result indicates that though the principle has become an established principle of environmental law particularly at international level, it is yet to be legitimately invoked and applied by most national laws.
VL  - 4
IS  - 3
ER  -

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