4 New Square - Default Presentation Template

4 New Square - Default Presentation Template

The Misapplication or NonApplication of the Precautionary Principle Leigh-Ann Mulcahy FOUR NEW SQUARE LINCOLNS INN 2 Requirements for principle to apply (1) Existence of risks: Potential risks have been identified as resulting from a product or process or action (2) Scientific uncertainty: Because of

insufficiency of information or understanding it is impossible to determine the existence of or to quantify the extent of the risk in question FOUR NEW SQUARE LINCOLNS INN 3 Philosophy behind principle

Common sense appeal - better safe than sorry Safety/elimination of risk (cf. public expectation of safety in Product Liability Directive) Risk assessment/management FOUR NEW SQUARE LINCOLNS INN 4 Problems of its application Binding legal norm (EC/international

customary law) or a policy guideline? Scope? Environmental policy Art 174(2) EC Treaty -> consumer protection and human health issues generally No common understanding of its meaning/ application Too much discretion left to regulator? FOUR NEW SQUARE LINCOLNS INN 5 Consequences

Impact on risk to benefit evaluation Result may be other (greater) risks (e.g. MMR) Manufacturer - burden of disproving risk Increased risk of liability/JR of regulator Non-application use as sword? (cf. ex p. Duddridge) FOUR NEW SQUARE LINCOLNS INN

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