Mich: The precautionary principle and the protection of future generations

Alessandra Donati (Max Planck Institute, Luxembourg)

Abstract: The precautionary principle is a principle of anticipated action. Anticipation and action are the two components of the precautionary principle. Anticipating means that the decision-makers shall take into account uncertain risks. However, only uncertain risks which have been qualified by law and evaluated by science can trigger the application of the precautionary principle. Acting means that the decision-makers have the procedural obligation to take into account the results of the scientific expertise and all the other costs/benefits of the action while they remain free, on the substantial side, to decide whether or not to adopt a precautionary measure. The purpose of the application of the precautionary principle is the protection of the environment and the public health for this and the future generations. While anticipating the time of action, the precautionary principle is a tool to avoid the occurrence of serious damages which could prevent the possibility for future generations to live in a healthy environment. From a legal perspective, the protection of future generations via the precautionary principle is linked to the achievement of a sustainable development. However, the possibility of constructing a “law of future generations” is still debated between scholars.