General Background

Few issues in contemporary technology policy are as momentous (or contentious) as the precautionary principle.1 The topic features prominently in mainstream political discourse2 as well as in academic literatures on risk,3 environmental science,4 economics,5 social science6 and international law.7 Originating in the earliest international initiatives for environmental protection in the 1970s,8 it first came to legal maturity in German environmental policy in the 1980s.9 Since then it has been championed by environmentalists10 and strongly resisted by some of the industries they oppose.11 Diverse formulations proliferate across a variety of international instruments,12 national jurisdictions13 and policy areas.14 From a guiding theme in EC environmental policy,15 it has become a general principle of EC law16 and a repeated focus of attention in high-stakes international disputes.17 Applying especially in areas like food safety,18 chemicals regulation,19 genetic modification,20 telecommunications,21 nanotechnology,22 climate change23 and general health protection,24 it remains particularly controversial in the US.25 Elsewhere, however, its influence has extended from environmental regulation,26 to wider policy-making on issues of risk,27 science,28 innovation29 and world trade.30 As it has expanded in scope,31 so it has grown in profile and authority32 and in its general implications for the governance of technology.33

An early classic formulation (which has been ...

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