Uses of the Precautionary Principle in International Treaties and
Agreements
Below we present some of the uses of the Precautionary Principle in
international agreements and treaties. Much of the text of these agreements was taken
from: Hickey, J. and V. Walter. 1995. Refining the precautionary principle in
international environmental law. Virginia Environmental Law Journal 14: 423-436.
Ozone Layer Protocol
Parties to this protocol....Determined to protect the ozone layer by
taking precautionary measures to control equitably total global emissions of substances
that deplete it, with the ultimate objective of their elimination on the basis of
developments in scientific knowledge, taking into account technical and economic
considerations
Protocol on Substances that Deplete the Ozone Layer, Sept. 16, 1987,
26 ILM 1541
Second North Sea Declaration
In order to protect the North Sea from possibly damaging effects of
the most dangerous substances...a precautionary approach is addressed which may require
action to control inputs of such substances even before a causal link has been established
by absolutely clear scientific evidence.
Ministerial Declaration Calling for Reduction of Pollution, Nov. 25,
1987, 27 ILM 835.
United Nations Environment Programme
Recommends that all Governments adopt "the principle of
precautionary action" as the basis of their policy with regard to the prevention and
elimination of marine pollution.
Report of the Governing Council on the Work of its Fifteenth
Session, United Nations Environment Programme, UN GAOR, 44th Sess. Supp No 25,
12th mtg at 153, UN DOC A44/25 (1989).
Nordic Council's Conference
And taking into account....the need for an effective precautionary
approach, with that important principle intended to safeguard the marine ecosystem by,
among other things, eliminating and preventing pollution emissions where there is reason
to believe that damage or harmful effects are likely to be caused, even where there is
inadequate or inconclusive scientific evidence to prove a causal link between emissions
and effects.
Nordic Council's International Conference on Pollyution of the Seas:
Final Document Agreed to Oct. 18, 1989, in Nordic Action Plan on Pollution of the Seas, 99
app. V (1990)
PARCOM Recommendation 89/1 - 22 June, 1989
The Contracting Parties to the Paris Convention for the Prevention
of Marine Pollution from Land-Based Sources:
Accept the principle of safeguarding the marine ecosystem of the
Paris Convention area by reducing at source polluting emissions of substances that are
persistent, toxic, and liable to bioaccumulate by the use of the best available technology
and other appropriate measures. This applies especially when there is reason to assume
that certain damage or harmful effects on the living resources of the sea are likely to be
caused by such substances, even where there is no scientific evidence to prove a causal
link between emissions and effects (the principle of precautionary action).
Third North Sea Conference
The participants...will continue to apply the precautionary
principle, that is to take action to avoid potentially damaging impacts of substances that
are persistent, toxic, and liable to bioaccumulate even where there is no scientific
evidence to prove a causal link between emissions and effects
Final Declaration of the Third International Conference on
Protection of the North Sea, Mar. 7-8, 1990. 1 YB Int'l Envtl Law 658, 662-73 (1990).
Bergen Declaration on Sustainable Development
In order to achieve sustainable development, policies must be based
on the precautionary principle. Environmental measures must anticipate, prevent, and
attack the causes of environmental degradation. Where there are threats of serious or
irreversible damage, lack of full scientific certainty should not be used as a reason for
postponing measures to prevent environmental degradation.
Bergan Ministerial Declaration on Sustainable Development in the ECE
Region. UN Doc. A/CONF.151/PC/10 (1990), 1 YB Intl Envtl Law 429, 4312 (1990)
Second World Climate Conference
In order to achieve sustainable development in all countries and to
meet the needs of present and future generations, precautionary measures to meet the
climate challenge must anticipate, prevent, attack or minimize the causes of, and mitigate
the adverse consequences of, environmental degradation that might result from climate
change. Where there are threats of serious of irreversible damage, lack of full scientific
certainty should not be used as a reasons for postponing cost-effective measures to
prevent such environmental degradation. The measure adopted should take into account
different socio-economic contexts.
Ministerial Declaration of the Second World Climate Conference
(1990). 1 YB Intl Envtl Law 473, 475 (1990)
Bamako Convention on Transboundary Hazardous Waste into Africa
Each Party shall strive to adopt and implement the preventive,
precautionary approach to pollution problems which entails, inter alia, preventing the
release into the environment of substances which may cause harm to humans or the
environment without waiting for scientific proof regarding such harm. The Parties shall
cooperate with each other in taking appropriate measures to implement the precautionary
principle to pollution prevention through the application of clean production methods,
rather than the pursuit of a permissible emissions approach based on assimilative capacity
assumptions.
Bamako Convention on Hazardous Wastes within Africa, Jan. 30, 1991,
art. 4, 30 ILM 773.
OECD Council Recommendation C(90)164 on Integrated Pollution
Prevention and Control - January 1991
The Recommendation is accompanied by Guidance which is an integral
part of the Recommendation. It lists some essential policy aspects including: the absence
of complete information should not preclude precautionary action to mitigate the risk of
significant harm to the environment.
Maastricht Treaty on the European Union
Community policy on the environment...shall be based on the
precautionary principle and on the principles that preventive actions should be taken,
that environmental damage should as a priority be rectified at source and that the
polluter should pay.
Treaty on the European Union, Sept. 21, 1994, 31 ILM 247, 285-86.
Helsinki Convention on the Protection and Use of Transboundary
Watercourses and International Lakes
The precautionary principle, by virtue of which action to avoid the
potential transboundary impact of the release of hazardous substances shall not be
postponed on the ground that scientific research has not fully proved a causal link
between those substances, on the one hand, and the potential transboundary impact, on the
other hand
Convention on the Protection and Use of Transboundary Watercourses
and International Lakes, Mar. 17, 1992, 31 ILM 1312.
The Rio Declaration on Environment and Development
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.
Rio Declaration on Environment and Development, June 14, 1992, 31
ILM 874.
Climate Change Conference
The parties should take precautionary measures to anticipate,
prevent, or minimize the causes of climate change and mitigate its adverse effects. Where
there are threats of serious or irreversible damage, lack of full scientific certainty
should not be used as a reason for postponing such measures, taking into account that
policies and measures to deal with climate change should be cost-effective so as to ensure
global benefits at the lowest possible cost. To achieve this, such policies and measures
should take into account different socio-economic contexts, be comprehensive, cover all
relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise
all economic sectors. Efforts to address climate change may be carried out cooperatively
by interested parties.
Framework Convention on Climate Change, May 9, 1992, 31 ILM 849.
UNCED Text on Ocean Protection
A precautionary and anticipatory rather than a reactive approach is
necessary to prevent the degradation of the marine environment. This requires inter alia,
the adoption of precautionary measures, environment impact assessments, clean production
techniques, recycling, waste audits and minimization,, construction and/or improvement of
sewage treatment facilities, quality management criteria for the proper handling of
hazardous substances, and a comprehensive approach to damaging impacts from air, land, and
water. Any management framework must include the improvement of coastal human settlements
and the integrated management and development of coastal areas.
UNCED Text on Protection of Oceans. UN GAOR, 4th Sess.,
UN Doct A/CONF.151/PC/100 Add. 21 (1991)
Energy Charter Treaty
In pursuit of sustainable development and taking into account its
obligations under those international agreements concerning the environment to which it is
a party, each Contracting Party shall strive to minimize in an economically efficient
manner harmful Environmental Impact occurring either within or outside its Area from all
operations within the Energy Cycle within its Area, taking proper account of safety. In
doing so each Contracting Party shall act in a Cost-Effective manner. In its policies and
actions each Contracting Party shall strive to take precautionary measures to prevent or
minimize Environmental Degradation. The Contracting Parties agree that the polluter in the
Areas of Contracting Parties, should, in principle, bear the cost of pollution, including
transboundary pollution, with due regard to the public interest and without distorting
investment in the Energy Cycle or International Trade.
The Draft European Energy Charter Treaty Annex I, Sept 14, 1994,
27/94 CONF/104.
U.S. President's Council on Sustainable Development
There are certain beliefs that we as Council members share that
underlie all of our agreements. We believe: (number 12) even in the face of scientific
uncertainty, society should take reasonable actions to avert risks where the potential
harm to human health or the environment is thought to be serious or irreparable.
President's Council on Sustainable Development. Sustainable America:
A New Consensus, 1996