Precautionary principles: a jurisdiction-free framework for decision-making under risk

2004 ◽  
Vol 23 (12) ◽  
pp. 579-600 ◽  
Author(s):  
Paolo F Ricci ◽  
Louis A Cox ◽  
Thomas R MacDonald

Fundamental principles of precaution are legal maxims that ask for preventive actions, perhaps as contingent interim measures while relevant information about causality and harm remains unavailable, to minimize the societal impact of potentially severe or irreversible outcomes. Such principles do not explain how to make choices or how to identify what is protective when incomplete and inconsistent scientific evidence of causation characterizes the potential hazards. Rather, they entrust lower jurisdictions, such as agencies or authorities, to make current decisions while recognizing that future information can contradict the scientific basis that supported the initial decision. After reviewing and synthesizing national and international legal aspects of precautionary principles, this paper addresses the key question: How can society manage potentially severe, irreversible or serious environmental outcomes when variability, uncertainty, and limited causal knowledge characterize their decisionmaking? A decision Rational choice of an action from among various alternatives-requires accounting for costs, benefits and the change in risks associated with each candidate action. Decisions under any form of the precautionary principle reviewed must account for the contingent nature of scientific information, creating a link to the decision/response models to the current set of regulatory defaults such as the linear, non-threshold models. This increase in the number of defaults is an important improvement because most of the variants of the precautionary principle require cost-defined as a choice that makes preferred consequences more likely-analytic principle of expected value of information (VOI), to show the relevance of new information, relative to the initial (and smaller) set of data on which the decision was based. We exemplify this seemingly simple situation using risk management of BSE. As an integral aspect of causal analysis under risk, the methods developed in this paper permit the addition of non-linear, hormetic dose-analytic solution is outlined that focuses on risky decisions and accounts for prior states of information and scientific beliefs that can be updated as subsequent information becomes available. As a practical and established approach to causal reasoning and decision-making under risk, inherent to precautionary decision-making, these (Bayesian) methods help decision-makers and stakeholders because they formally account for probabilistic outcomes, new information, and are consistent and replicable. benefit balancing. Specifically, increasing the set of causal defaults accounts for beneficial effects at very low doses. We also show and conclude that quantitative risk assessment dominates qualitative risk assessment, supporting the extension of the set of default causal models.

Author(s):  
Jonathan Aldred

The normative bases for two fundamentally different approaches to environmental decision making are examined. First, orthodox “risk assessment.” In the conditions of (partial) uncertainty or ignorance prevailing in many environmental decisions, it is argued that CBA and similar forms of risk assessment should not be used in isolation. Second, the precautionary principle. Two conditions—broadly speaking, “uncertainty” and “particular threats”—seem especially relevant to determining the applicability of the precautionary principle. Gardiner’s “Rawlsian Core Precautionary Principle” is examined in detail. It features both conditions; an incommensurabilist interpretation of the latter is adopted. In short, precaution is justified in decision contexts involving both uncertainty and incommensurability. Since both uncertainty and incommensurability are matters of degree, there are intermediate cases to consider. The analysis argues that with “more” uncertainty, “less” incommensurability is required to justify precaution, and vice versa.


2007 ◽  
Vol 4 (6) ◽  
pp. 455-467 ◽  
Author(s):  
Elen Stokes

AbstractThis paper focuses on the meanings attached to the "precautionary principle" in judgments passed down by the World Trade Organisation (WTO) and the European Community (EC) courts. It speaks to claims that, in response to WTO litigation, the EC courts are beginning to construe the precautionary principle in a manner that more closely resembles obligations arising from the Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement). It illustrates that although disparities between interpretations in EC and WTO case law of legitimate precautionary intervention are growing to be less obvious, inconsistencies continue to exist.


Author(s):  
Saravanan Muthaiyah

Access control methods have been improvised over time, but one area that remains quite grey is the concept of assessing risk levels before any type of access rights are granted. This is relatively a new paradigm in the research of semantic Web security, and new methodologies for this effort are being studied. In this chapter, we will see how qualitative risk assessment (Nissanke & Khayat, 2004) and quantitative risk assessment are carried out. The purpose is to have different methods of assessment for better grant of access control rights and permissions. New examples based on the model described (Nissanke & Khayat, 2004) are used to illustrate the concept. A new quantities technique is also added to complement the qualitative techniques.


2021 ◽  
Author(s):  
Amanda Kvalsvig ◽  
Jin Russell ◽  
Carmen Timu-Parata ◽  
Michael G. Baker

Abstract Key messagesRisk assessment for children has been a polarising issue during the Covid-19 pandemic. Governments around the world are preparing to ‘open up’ before risks to children are fully quantified, with unknown implications for their long-term health.Applying the Precautionary Principle to child health requires decision makers to 1) take preventive action until risks are better understood; 2) ensure that the burden of proof rests with proponents of risk; 3) explore alternatives to the risk; and 4) use participatory approaches to decision-making.Policies relating to children must be centred on the rights and wellbeing of children. We provide a framework for comprehensive Health Impact Assessments to ensure that direct and indirect impacts upon children are taken into account in major policy decisions.Elimination strategies offer an integrated approach to the protection of children’s wellbeing, the wellbeing of the population as a whole, and health equity. Where countries are transitioning away from elimination, a tight suppression approach is preferable to loose suppression or mitigation.


Water ◽  
2022 ◽  
Vol 14 (2) ◽  
pp. 219
Author(s):  
Jongsung Kim ◽  
Donghyun Kim ◽  
Myungjin Lee ◽  
Heechan Han ◽  
Hung Soo Kim

For risk assessment, two methods, quantitative risk assessment and qualitative risk assessment, are used. In this study, we identified the regional risk level for a disaster-prevention plan for an overall area at the national level using qualitative risk assessment. To overcome the limitations of previous studies, a heavy rain damage risk index (HDRI) was proposed by clarifying the framework and using the indicator selection principle. Using historical damage data, we also carried out hierarchical cluster analysis to identify the major damage types that were not considered in previous risk-assessment studies. The result of the risk-level analysis revealed that risk levels are relatively high in some cities in South Korea where heavy rain damage occurs frequently or is severe. Five causes of damage were derived from this study—A: landslides, B: river inundation, C: poor drainage in arable areas, D: rapid water velocity, and E: inundation in urban lowlands. Finally, a prevention project was proposed considering regional risk level and damage type in this study. Our results can be used when macroscopically planning mid- to long-term disaster prevention projects.


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