Taking risks with the precautionary principle: food (and the environment) for thought at the European Commission

Abstract

Various parties relate to the precautionary principle with various understandings, claims and hopes. One of the ways to comprehend this multiplicity of meanings is to examine the composition of this problematic norm in the societal and institutional settings where it occurs. In this paper, I address its elaboration on the European Union institutional terrain with the European Commission's Communication on the Precautionary Principle. This effectuation of the precautionary principle embraces a number of issues of transnational or multilevel governance, expertise, legitimacy and sovereignty. The crucial matter that this paper engages in initially is that of risk analysis, the procedural framework that the precautionary principle confronts with its innovative articulations of science and policy-making, but to which I argue that it succumbs in part. Also explored, in turn, are further framings of the precautionary principle: science versus policy, a given policy domain-environment-in relation to others, as well as action versus inaction (whereas I argue that the precautionary principle ought to be about acting and doubting). These are further evaluated in the conclusions, together with the predicament of establishing a common understanding or defining the precautionary principle. I show that, complementary to drivers of divergence, one finds support for a common approach, though there is no radial symmetry in these tangled stakes, and any 'diffusion' of the precautionary principle has to be actively carried out for a shared understanding to be more widely shared. In this process, Europe, the European Commission, its Communication, and the precautionary principle are being shaped into diverse compositions of unity in diversity.

The EC courts' contribution to refining the parameters of precaution

“…Notwithstanding the fact that the court in this case did not explicitly refer to 'the precautionary principle', it is generally accepted that the judgment is firmly rooted in the precautionary paradigm (Dratwa 2002;De Sadeleer 2006). The UK applied for the suspension and annulment of Commission Decision 96/239/EC -an emergency measure to control potential risks associated with the transmission of Bovine Spongiform Encephalopathy (BSE) imposing a temporary ban on the export of bovine animals, meat and other meat derived products from the UK to other Member States.…”

How the Eu Handles Uncertain Risks: Understanding the Role of the Precautionary Principle

“…Alemanno 2007;de Sadeleer 2006;Dratwa 2002;Zander 2010). Another line of positive legal analyses compares the EU's interpretation of the PP to the interpretations applied in other jurisdictions (e.g.…”

“…Dratwa 2002;Dunlop 2007;Falkner 2007;Kelemen 2010;Majone 2002;Princen 2004;Skogstad 2003Skogstad , 2011Vogel 1995Vogel , 2003. Studies have argued that EU precautionary policies are also adopted due to economic considerations to protect European producers from international competitors (e.g.…”

The role of uncertainties in the design of international water treaties: an historical perspective

“…The premise behind this approach is that uncertainty is stochastic and thus inevitable. The solution is hence to either adopt a risk avoidance tactic by prescribing precautionary policies to limit activities (O'Riordan and Jordan 1995;Dratwa 2002;Mayer et al 2002) or to leave room for change by including flexibility and adaptability to the design of management systems (Pahl-Wostl and Jeffrey 2007). Agreements using this strategy may include provisions for consultation, a broadening of cooperation, mutual assistance, indirect allocation, or include a reliance on the ambiguous language of international law.…”