Application of the precautionary principle: prudent policies or non-tariff trade barriers?

摘要

The Rio Declaration provides that in order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. A number of definitions and interpretations continue to fuel an intense, ongoing debate. The environmental community considers the precautionary principle a key to sustainable development. Industry accepts the need to make policy decisions under uncertainty, but is concerned that a broad interpretation could be used to rationalise extreme actions that are not based on science. Several international environmental agreements endorse a precautionary approach, while international trade law requires measures that restrict international trade to be justifiable. The Canadian Environmental Protection Act, 1999 obligates the government to apply the precautionary principle. More recently, the European Commission adopted a Communication to inform interested parties how it intends to apply the precautionary principle and establish guidelines for its application. Dimensions of the principle and its potential application to the production, use and disposal or recycling of metals and products containing metals are explored. The natural properties, characteristics and occurrence of metals in the environment must be considered in assessing threats and uncertainty. A better understanding of the evolution of the principle, its role in risk assessment, and its application for metals should help reduce gaps between opposing interpretations and reduce the potential for trade conflicts arising from measures that limit market access for metal-containing products.