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<br />000384 <br /> <br />DRAFT-Not for distribution <br /> <br />of the most dangerous substances, a precautionary approach is necessary which may require <br />action to control inputs of such substances even before a causal link has been established by <br />absolutely clear evidence." <br /> <br />153 February 7, 1992, Article 130R provides: "Community policy on the environment shall aim <br />at a high level of protection taking into account the diversity of situations in the various regions <br />of the Community. It shall be based on the precautionary principle and on the principles that <br />preventive action should be taken, that environmental damage should as a priority be rectified at <br />source, and that the polluter should pay." (Unchanged in the Amsterdam Treaty, Article 130R.) <br /> <br />154 March 17, 1992, "The Parties shall provide for the widest exchange of information, as early <br />as possible, on issues covered by the provisions of this Convention." Document: I.L.M. 1392 <br />(1992), http://www.unece.org/env/water/topfra1.htm. (U.S. is not a signatory.) <br /> <br />155 June 14, 1992, Principle 15 provides; "In order to protect the environment, the precautionary <br />approach shall be widely applied by States according to their capabilities. Where there are threats <br />of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for <br />postponing cost-effective measures to prevent environmental degradation." <br />http://www.igcapc.org/habitat/agenda21/rio-dec.html. (U.S. is not a signatory.) <br /> <br />156 See, Unger, Russell, "Brandishing the Precautionary Principle Through the Alien Tort Claims <br />Act," 9 New York University Environmental Law Joumal638, 663, note 141 (2001). <br /> <br />157 "Throughout the late 1970s and early 1980s these notions of care and wise practice have <br />been extended to six basic concepts now enshrined [1994] in the precautionary principle. <br /> <br />Preventative anticipation: a willingness to take action in advance of scientific <br />proof of evidence of the need for the proposed action on the grounds that further <br />delay will prove ultimately most costly to society and nature, and, in the longer <br />term, selfish and unfair to future generations. <br /> <br />Safeguarding ecological space or environmental room for manoeuvre as a <br />recognition that margins of tolerance should not even be approached, let alone <br />breached--widening the assimilative capacity of natural systems by deliberately <br />restraining possible but undesirable resource use. <br /> <br />Proportionality of response or cost-effectiveness of margins of error--introduces a <br />bias or weight for function of ignorance in conventional cost benefit analysis- <br />accounts and for possible greater dangers for future generations. <br /> <br />Duty of care--the onus of proof is on those who propose change. <br /> <br />Promotion of the cause of intrinsic natural rights: allow natural processes to <br />function in such a manner as to maintain the essential support for all life on earth. <br /> <br />43 <br />