See also
the closely related subsection
WTO Law and
Science in the same section.
The Precautionary
principle as it is used today in public international law goes back
to Principle 15 of the
Rio Declaration which states:
"In order to protect the environment, the
precautionary approach shall be widely applied by States according
to their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be
used as a reason for postponing cost-effective measures to prevent
environmental degradation."
It is situated at the
core of the politically tense and legally uncertain relationship between the Biosafety
Protocol and the WTO, especially its Agreement on Sanitary and
Phytosanitary Measures (SPS). Whether we look at precaution as a
principle, an approach or simply as a broad regulatory perspective that
provides governments with tools to implement certain domestic
sanitary or phytosanitary objectives, it has lead to deep divisions
in many international negotiations on environmental and public
health issues, which usually position the US and its allies against
the European Union and often most developing countries. It should be
emphasized that contrary to a common misconception, a scientific
risk assessment is a fundamental component of a precautionary
approach, especially under the Biosafety Protocol.