The Precautionary Principle in International Law

Abstract

The previous chapter introduced seabed mineral mining as a frontier activity that is characterised by environmental risk and numerous uncertainties. The chapter concluded that in this ocean of unknowns, one thing is certain: the need to apply a precautionary approach to take early environmental management measures. This chapter explores the meaning of precaution in international law and the manner in which it can be implemented, in the context of biodiversity protection and natural resource management. This analysis provides the analytical framework for this study. After two decades of prominence in international environmental law, the precautionary approach, or principle, needs little introduction. Before discussing the controversies and complexities surrounding precaution, it is useful to remind ourselves of its simple and logical core. It aims to ensure adequate environmental protection through the taking of early action in response to threats of environmental harm, even in the context of scientific uncertainty. Despite this practical motive, the challenge lies in articulating and assessing what the implementation of precaution entails in any given context. Consistent with its status as a legal principle, the concept of precaution is deliberately flexible so as to encompass diverse circumstances.2 Rather than