The precautionary principle and beyond

TY - CHAP

T1 - The precautionary principle and beyond

AU - Anker, Helle Tegner

PY - 2012/1/1

Y1 - 2012/1/1

N2 - Introduction The precautionary principle is a well-known, although not necessarily clearly defined, principle within environmental law reflecting the need to take scientific uncertainty into account. A broader application of the principle outside the environmental domain is somewhat disputed - and the possible existence of a more general precautionary principle in international law has not yet gained common acceptance. The precautionary principle has been invoked by the EU in several trade disputes within the WTO system. This includes in particular the EC - Biotech case and the Hormones cases. In EC - Biotech the USA, Canada and Argentina challenged EU delays and refusals to authorise GMOs as well as national prohibitions on GMOs. In Hormones I the USA and Canada challenged EU import restrictions on meat and meat products from cattle treated with growth-promoting hormones. Later in Hormones II the EU claimed that it was now complying with the recommendations and rulings in Hormones I following new risk assessments and that as a consequence the suspension of concessions by the USA and Canada were no longer justified under WTO law. The panel decision in the EC - Biotech contains limited reference to the precautionary principle whereas the principle has been elaborated somewhat more in the Hormones cases - in particular in Hormones II. While the EU generally was unsuccessful in the first Hormones case in convincing the Appellate Body that it should be permitted to rely on the precautionary principle as a general principle of international law, the EU was more successful in Hormones II by arguing for its precautionary approach as reflected in the details of the SPS Agreement.

AB - Introduction The precautionary principle is a well-known, although not necessarily clearly defined, principle within environmental law reflecting the need to take scientific uncertainty into account. A broader application of the principle outside the environmental domain is somewhat disputed - and the possible existence of a more general precautionary principle in international law has not yet gained common acceptance. The precautionary principle has been invoked by the EU in several trade disputes within the WTO system. This includes in particular the EC - Biotech case and the Hormones cases. In EC - Biotech the USA, Canada and Argentina challenged EU delays and refusals to authorise GMOs as well as national prohibitions on GMOs. In Hormones I the USA and Canada challenged EU import restrictions on meat and meat products from cattle treated with growth-promoting hormones. Later in Hormones II the EU claimed that it was now complying with the recommendations and rulings in Hormones I following new risk assessments and that as a consequence the suspension of concessions by the USA and Canada were no longer justified under WTO law. The panel decision in the EC - Biotech contains limited reference to the precautionary principle whereas the principle has been elaborated somewhat more in the Hormones cases - in particular in Hormones II. While the EU generally was unsuccessful in the first Hormones case in convincing the Appellate Body that it should be permitted to rely on the precautionary principle as a general principle of international law, the EU was more successful in Hormones II by arguing for its precautionary approach as reflected in the details of the SPS Agreement.

M3 - Book chapter

SN - 978-1-107-01275-2

SP - 333

EP - 359

BT - Liberalising trade in the EU and the WTO

A2 - Gaines, Sanford E.

A2 - Olsen, Birgitte Egelund

A2 - Sørensen, Karsten Engsig

PB - Cambridge University Press

ER -