Twenty-first International Conference on Environmental, Cultural, Economic & Social Sustainability

Abstract

The precautionary principle (principle) has an important role in managing risk of serious environmental damage. Despite its importance the principle has not translated well into regulation. It is often regulated as a mandatory requirement in the face of serious or irreversible environmental risk. Ironically a mandatory application requirement does not always mean it is mandatorily applied when it should be. One way to address this problem, at least from a regulatory perspective, is to include in regulation methodologies that address when to apply the principle and how to ensure the precautionary response is proportionate to the extent of risk. This has the potential to address when it should be applied in a more rigorous and consistent manner. In addition to addressing an appropriate trigger for application and the proportionate response to the extent of risk, regulatory methodologies have the potential to address both of these factors in the context of sustainable development. Indeed the principle has an important role to play in sustainable development by ensuring precautionary responses include an appropriate recognition of sustainable development principles. This paper explores the way regulatory methodologies should be drafted and what inclusions are needed to address sustainable development in a world where environmental risk is increasingly becoming more urgent.