Ethical and Value-based Aspects of the European Commission's Precautionary Principle

In February 2000, the EuropeanCommission adopted a Communication on theprecautionary principle. This states how theCommission intends to apply the principle andestablishes guidelines for its application. Thedocument is intended to inform discussions oninternational agreements. In particular, itprovides a defense of European Union (EU)precautionary policies in case of tradedisputes, for example, in case the EU isaccused of imposing unfair trade barriers onexports of genetically-modified (GM) productsfrom the United States under the rules of theWorld Trade Organisation. In the communication,the Commission emphasizes the scientificaspects of the precautionary principle, perhapspartly to counter claims from US officials thatthe EU's reluctance to accept GM imports is notbased on science but is politically-motivated.However, a principle is by definition a moralguide to behavior. In other words, it is anethic. The precautionary principle should beviewed as a complement to science, to beinvoked when a lack of scientific evidencemeans that outcomes are uncertain. Anyinterpretation of this principle needs to placeat least as much emphasis on its ethical andvalue-based aspects as on its scientificjustification. The Commission's interpretationrisks undermining the painstaking progress madeamong European Union member states inresponding to public concern about GM crops andfood by adopting increased precaution. Thispaper explores the balance between thescientific and ethical/value-based aspects ofthe precautionary principle as set out in theCommission's communication, to make the casethat it is the ethical and value-based aspectsrather than the scientific aspects of theguidelines that need strengthening.     

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

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. Copyright © 2002 John Wiley & Sons, Ltd.     

Antibiotic Resistance Due to Modern Agricultural Practices: An Ethical Perspective

The use of subtherapeutic doses of antibiotics in food-producing animals has been linked to antibiotic resistant infections in humans. Although this practice has been banned in Europe, the U.S. regulatory authorities have been slow to act. This paper discusses the regulatory hurdles and ethical dilemmas of banning this practice within the context of the risk analysis model (risk assessment, risk management, and risk communication). Specific issues include unethical use of scientific uncertainty during the risk assessment phase, the rejection of the precautionary principle leading to ineffective risk management, and the criticality of risk communication to build consensus and force action. The underlying root cause is a conflict of values (Type I ethical problem) among key stakeholders, which is examined in depth along with an ethical analysis using public health ethical values.     

The Homiletics of Risk

Today there is considerable disagreement between the US and the EU with respect to food safety standards. Issues include GMOs, beef hormones, unpasteurized cheese, etc. In general, it is usually asserted that Europeans argue for the precautionary principle (with exceptions such as the Sanitary and Phytosanitary Agreement where ``substantial equivalence,' a form of familiarity, is used) while Americans defend risk analysis or what is sometimes described as the familiarityprinciple. This is not to suggest that EUmember countries agree on how the precautionaryprinciple should be applied; considerabledifferences exist among nations as will benoted below.In this paper I review both positionsarguing that they are best understood asvariants of the homiletics of risk rather thanas differing scientific positions. I concludethat while science must necessarily enter intothe formulation of food and agriculturalstandards, state policy, private economicinterests, and the interface between the two(e.g., when democratic states are successfullylobbied to support particular privateinterests), play important roles in determininghow particular risks will be treated. Moreover,I argue that the role of science mustnecessarily be limited if its credibility is tobe preserved.     

A Precautionary Approach to Genetically Modified Organisms: Challenges and Implications for Policy and Science

The commercial introduction of genetically modified organisms (GMOs) has revealed a broad range of views among scientists and other stakeholders on perspectives of genetic engineering (GE) and if and how GMOs should be regulated. Within this controversy, the precautionary principle has become a contentious issue with high support from skeptical groups but resisted by GMO advocates. How to handle lack of scientific understanding and scientific disagreement are core issues within these debates. This article examines some of the key issues affecting precaution as a legal standard and as an approach to the use of science in decision-making processes. It is pointed out that there is a need for reflection over the level of scientific evidence required for applying the precautionary principle as well as who should have the burden of proof when there are uncertainties. Further, an awareness of the broader scientific uncertainties found in GMO risk assessment implies that a precautionary approach must be elaborated: both for acknowledging uncertainties and for identification of scientific responses. Since precaution is an important issue within the sustainable development framework, it is suggested that sustainability can provide a normative standard that can help to reveal the influence and negotiate the importance of the various forms of uncertainty. Wise management of uncertainties and inclusion of normative aspects in risk assessment and management may help to ensure sustainable and socially robust GMO innovations at present and in the future.     

Are the Precautionary Principle and the International Trade of Genetically Modified Organisms Reconcilable?

This paper seeks to find possibilities forreconciliation of the implementation of theprecautionary principle and the promotion ofinternational trade of genetically modified organisms,based on the assumption that a sustainabledevelopment is a right objective to strive for. Itstarts with an explanation of the background and therole of the precautionary principle, and describes inwhat way measures based on the precautionary principlecan easily lead to the creation of trade barriers. Thearticle then examines to what extent the WTO (WorldTrade Organisation) Agreements allow theimplementation of the precautionary principle. Inaddition, structural conflicts between the perceptionof the precautionary principle and the concept oftrade liberalisation will be evoked. The last sectionof the paper analyses to what extent the WTO rulesprovide possibilities to avoid or solve theseconflicts in order to attempt to answer the mainquestion: are the precautionary principle and theinternational trade of genetically modified organismsreconcilable?     

An examination of the efficacy of the precautionary principle as a robust environmental planning and management protocol

The precautionary principle is regularly cited in cases that involve development in eco-sensitive locations. We investigated whether the precautionary principle provides the basis for a coherent framework to prevent environmental harm, and does it work in practice? We suggest that, in principle, the precautionary principle makes good sense. In practice, however, it is imprecise in policy and law and fails to fulfil its promise because it is loosely defined and thus lacks substance and clarity. Consequently, it operates in a framework that is ambiguous, leaving it open to manipulation by discretionary powers. To counter such deficiencies, human-induced environmental harm should be formally observed as ‘criminogenic’ and environmental protection prioritised against which other competing priorities (e.g., ‘year on year’ economic growth) are measured. This would overcome the politico-legal obfuscation and contestations of climate change policy that currently impedes the precautionary principle's practical application.     

论环境风险预防原则中的风险阈值

如何把环境风险预防原则确立为环境法的基本原则,一个重要的问题就是"环境风险"的界定。通过对法律意义上的环境风险进行分析,指出确立风险阈值的原因,即我国对"环境风险"的界定不清,环境风险的风险性缺乏法定依据以及不同种类的利益之间存在冲突等,进而从明确环境风险的类型、评估环境风险量度、明确责任归结三方面思考了风险阈值的确立问题。     

Applying the Precautionary Principle in Environmental Assessment: The Case of Reviews in British Columbia

This paper examines the application of the precautionary principle in environmental assessment, specifically using the Salmon Aquaculture Review and the Burns Bog Ecosystem Review in British Columbia as case studies. Lessons are drawn and advice is offered. A conceptual model is presented, framed according to the level of uncertainty regarding impacts and the likelihood of those impacts, as well as the irreversibility of impacts on the environmental system. A distinction is made between management strategies that should either avoid the activities in question or allow for adaptive management and, if implemented effectively, prevent or mitigate adverse effects. Applying the precautionary principle in environmental assessment requires, above all, clear communication and the development of a common understanding of the basis for decisions. The model presented in this paper is suggested as a tool from which a more specific methodological framework can be developed on a case by case basis.     

A Quantitative Safety Assessment Model For Transgenic Protein Products Produced In Agricultural Crops

Transgenic plants are now being used to develop pharmaceutical and industrial products in addition to their use in crop improvement. Using confinement requirements, these transgenic plants are grown and processed under conditions that prevent intermixing with commodity crops. Regulatory agencies in the United States have provided guidance of zero tolerance of these new industrial crops with commodity crops. While this is a worthy goal, it is theoretically unattainable. In spite of the best containment practices, there is a potential risk using any system of production due to unforeseen incidences including natural disasters or exposure to workers. The precautionary principle has been used for numerous regulated articles in addressing the potential risks of new products and technology based on a risk assessment in similar situations. We present here a risk assessment model that could be used as a start to develop an accepted model for the industry. The model is based on current risk models used for other regulated articles, but adapted for these types of products. This could be used to determine action levels in the event of an unintended exposure or to ensure that detection or confinement methods are adequate to avoid risks. As an example, aprotinin, a therapeutic protein now being produced in maize, was evaluated for potential risk to humans using this model.     

Bugging the Strict Vegan

Entomophagy—eating insects—is getting a lot of attention these days. However, strict vegans are often uncomfortable with entomophagy based on some version of the precautionary principle: if you aren’t sure that a being isn’t sentient, then you should treat it as though it is. But not only do precautionary principle-based arguments against entomophagy fail, they seem to support the opposite conclusion: strict vegans ought to eat bugs.     

从中德比较论我国环境许可制度的发展

首先从现代环境保护的内在逻辑入手,指出我国环境法治正处于从外生型向内生型转变,并认同以排污许可为核心的环境许可制度应成为我国环境治理的核心制度。接着对环境许可制度进行基本的理论分析和简单框架梳理,认为环境许可制度是以法治完善和科技发展为支撑的,在此基础上需要进一步的内容细化和体系构建,并强调在风险预防原则下,环境许可不应局限于排污许可制度。然后分析了欧盟与德国在环境许可一体化上的趋势与不同,进而提出我国环境许可制度的趋势。探讨了与环境许可制度紧密相关的环境技术标准制度,认为基于技术的环境标准面临内生性、系统化和动态完善的要求,环境许可制度需要面向环境质量达标体系转型。本文还分析了德国环境治理理念的转型变革与许可制度衔接的经验。最后,小结对我国环境许可制度的启示。     

The Tens Rule in Invasion Biology: Measure of a True Impact or Our Lack of Knowledge and Understanding?

The Tens Rule, as well as the last stage described therein, i.e., the proportion of established species that becomes pests, is frequently perceived by the scientific community to indicate that introduced established species have little impact on communities. This belief is dangerous because it strengthens the perspective of the general public and decision makers that the risks of species introductions are largely overestimated. It is often difficult to detect the actual negative impact of an introduced established species. It might be less apparent or indirect; it might be delayed or masked by the “noise” caused by other anthropogenic disturbances. It is also likely that numerous ecological interactions are still not detected or properly understood. Therefore, the ten-percent rule might be more of an indicator of our lack of understanding of the impacts that established introduced species produce than the actual ratio of such species that produces negative impacts. In such a state of affairs, adopting the precautionary principle is crucial. The scientific community must be much more cautious and responsible regarding the message it delivers to the general public and management authorities.     

Environmentally Virtuous Agriculture: How and When External Goods and Humility Ethically Constrain (or Favour) Technology Use

This paper concerns virtue-based ethical principles that bear upon agricultural uses of technologies, such as GM crops and CRISPR crops. It does three things. First, it argues for a new type of virtue ethics approach to such cases. Typical virtue ethics principles are vague and unspecific. These are sometimes useful, but we show how to supplement them with more specific virtue ethics principles that are useful to people working in specific applied domains, where morally relevant domain-specific conditions recur. We do this while still fulfilling the need for principles and associated practical reasoning to flexibly respect variation between cases. Second, with our more detailed approach we criticize and improve upon a commonly discussed principle about ecosystemic external goods that are crucial for human flourishing. We show this principle is far more conservative than appreciated, as it would prohibit many technology uses that are uncontroversially acceptable. We then replace this principle with two more specific ones. One identifies specific conditions in which ecosystem considerations are against a technology use, the other identifies favorable conditions. Third, we uncover a humility-based principle that operates within an influential “hubris argument” against uses of several biotechnologies in agriculture. These arguments lack a substantive theory of the nature of humility. We clarify such a theory, and then use it to replace the uncovered humility-based principle with our own more specific one that shifts focus from past moral failings, to current epistemic limits when deciding whether to support new technologies.     

Cautious but Committed: Moving Toward Adaptive Planning and Operation Strategies for Renewable Energy’s Wildlife Implications

Wildlife planning for renewable energy must cope with the uncertainties of potential wildlife impacts. Unfortunately, the environmental policies which instigate renewable energy and those which protect wildlife are not coherently aligned—creating a green versus green dilemma. Thus, climate mitigation efforts trigger renewable energy development, but then face substantial barriers from biodiversity protection instruments and practices. This article briefly reviews wind energy and wildlife interactions, highlighting the lively debated effects on bats. Today, planning and siting of renewable energy are guided by the precautionary principle in an attempt to carefully address wildlife challenges. However, this planning attitude creates limitations as it struggles to negotiate the aforementioned green versus green dilemma. More adaptive planning and management strategies and practices hold the potential to reconcile these discrepancies to some degree. This adaptive approach is discussed using facets of case studies from policy, planning, siting, and operational stages of wind energy in Germany and the United States, with one case showing adaptive planning in action for solar energy as well. This article attempts to highlight the benefits of more adaptive approaches as well as the possible shortcomings, such as reduced planning security for renewable energy developers. In conclusion, these studies show that adaptive planning and operation strategies can be designed to supplement and enhance the precautionary principle in wildlife planning for green energy.     

外来物种入侵及其环境法律调控准则

随着世界经济、贸易和交通高度发达的影响，外来物种入侵活动且益加剧，已尼成为威胁我国生物多样性与生态环境的重要因素之一，对我国的一些地区造成了巨大的生态和经济损失。有关外来入侵物种管理的立法应贯彻风险预防原则。     

Genetically Modified (GM) Crops: Precautionary Science and Conflicts of Interests

Risk governance of GM plants and GMfood products is presently subject to heatedscientific and public controversies. Scientistsand representatives of the biotechnologyindustry have dominated debates concerningsafety issues. The public is suspicious withregard to the motives of scientists, companies,and political institutions involved. Thedilemmas posed are nested, embracing valuequestions, scientific uncertainty, andcontextual issues. The obvious lack of data andinsufficient information concerning ecologicaleffects call for application of thePrecautionary Principle (PP). There are,however, divergent opinions among scientistsabout the relevance of putative hazards,definition of potential ``adverse effects,' andwhether actions should be taken to preventharm. The reliance on the concept ofsubstantial equivalence in safety evaluation ofGM food is equally controversial. Consequently,value assumptions embedded in a scientificframework may be a barrier for employment ofthe PP. One of our major conclusions is thatprecautionary GMP usage requires riskassessment criteria yet undeveloped, as well asbroader and more long-term conceptions of risk,uncertainty, and ignorance. Conflicts ofinterest and public participation are otherissues that need to be taken intoconsideration. GMP governance regimes that arejustifiable from a precautionary and ethicalpoint of view must transcend traditionalscientific boundaries to include alternativescientific perspectives as well as publicinvolvement.     

Ethical Analysis of the Use of GM Fish: Emerging Issues for Aquaculture Development

Improvements in production methods over the last two decades have resulted in aquaculture becoming a significant contributor to food production in many countries. Increased efficiency and production levels are off-setting unsustainable capture fishing practices and contributing to food security, particularly in a number of developing countries. The challenge for the rapidly growing aquaculture industry is to develop and apply technologies that ensure sustainable production methods that will reduce environmental damage, increase productivity across the sector, and respect the diverse social and cultural dimensions of fish farming that are observed globally. The aquaculture industry currently faces a number of technology trajectories, which include the option to commercially produce genetically modified (GM) fish. The use of genetic modification in aquaculture has the potential to contribute to increased food security and is claimed to be the next logical step for the industry. However, the potential use of these technologies raises a number of important ethical questions. Using an ethical framework, the Ethical Matrix, this paper explores a number of the ethical issues potentially raised by the use of GM technologies in aquaculture. Several key issues have been identified. These include aspects of distributive justice for producers; use of a precautionary approach in the management of environmental risk and food safety; and impacts on the welfare and intrinsic value of the fish. There is a need to conduct a comparative analysis of the full economic cycle of the use of GM fish in aquaculture production for developing countries. There is also a need to initiate an informed dialogue between stakeholders and strenuous efforts should be made to ensure the participation of producers and their representatives from developing nations. An additional concern is that any national licensing of the first generation of GM fish, i.e., in the USA, may initiate and frame an assessment cycle, mediated by the WTO, which could dominate the conditions under which the technology will be applied and regulated globally. Therefore, an integrated analysis of the technology development trajectories, in terms of international policy, IPR, and operational implications, as well as an analysis of a broader range of ethical concerns, is needed.     

Environmental Subsidiarity as a Guiding Principle for Forestry Governance: Application to Payment for Ecosystem Services and REDD+ Architecture

This article describes and proposes the “environmental subsidiarity principle” as a guiding ethical value in forestry governance. Different trends in environmental management such as local participation, decentralization or global governance have emerged in the last two decades at the global, national and local level. This article suggests that the conscious or unconscious application of subsidiarity has been the ruling principle that has allocated the level at which tasks have been assigned to different agents. Based on this hypothesis this paper describes the principle of subsidiarity and its application to environmental policies within forest governance and proposes the “environmental subsidiarity” principle as a critical conceptual tool for sustainable resource management. The paper explains as an example how “environmental subsidiarity” is the key principle that can link payment for ecosystem services (PES) with environmental public policies and applies this principle with all its political consequences to reducing emissions from deforestation and forest degradation, and enhancing forest carbon stocks in developing countries (REDD+) architecture. It concludes by showing how the adoption of “environmental subsidiarity” as a ethical principle could help to maximize benefits to all stakeholders involved in PES schemes such as REDD+.     

Agricultural Biotechnology and the Future Benefits Argument

In the face of criticisms about the current generationof agricultural biotechnology products, some proponents ofagricultural biotechnology offer a ``future benefitsargument'(FBA), which is a utilitarian ethical argument thatattempts to justify continued R&D. This paper analyzes severallogical implications of the FBA. Among these are that acceptanceof the FBA implies (1) acceptance of a precautionary approach torisk, (2) the need for a more proportional and equitabledistribution of the benefits of agricultural biotechnology, andmost important, (3) the need to reorient and restructurebiotechnology R&D institutions (and the agriculturalbiotechnology community's values and attitudes) so that futurebenefits are indeed achieved through agricultural biotechnology.