The application of the precautionary principle in practice

the long version

"A topical overview of the legal definition of the precautionary principle, notably in relation both to European Community law and to international law, with special reference in the latter to the WTO regime and international environmental law. The author then goes on to offer a more detailed study of its application within three specific regulatory regimes within the United Kingdom, the United States and Sweden"-- "This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the USA. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeablility, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable, it must be coupled with strong requirements on the performance of risk assessments, cost-benefit analyses and risk trade-off analyses"--