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Resolved: The precautionary principle ought to guide environmental regulations
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Overview
This topic's inspiration was surely the Bush administration's insistence that there was no definitive scientific proof of global warming. While the administration has since come grudgingly to accept that global warming is occurring, advocates of increased environmental regulation began to argue that action should be taken absent definitive proof of global warming. Even as scientists disputed the merits of the administration's position on global warming, environmentalists argued that even if there was not absolute certainty that the earth was warming, the risk of waiting for such certainty before taking action was too much to take. Environmentalists called for immediat action and increased regulation. The Bush administration argued that absent evidence of global these regulatoins would unnecessarily restrict economic growth.
Appeals to the precuationary principle were made to:
- Persuade the United States to ratify the Kyoto Protocol.
- Mandate increase fuel efficiency.
- Prohibit drilling for oil in the National Wildlife Refuge (ANWR)
Definitions
Precautionary Principle
Most commonly used in environmental issues, the precautionary principle addresses the potential effects of actions on the general public health. If the actions have the potential to do damage to the public (in this resolution, the environment) and there is no hard scientific evidence saying otherwise, the supporters of the policy must show evidence that the action they are taking will not cause any harm. In the event that they cannot back up their policy, the action will not be taken.
It is principle, adopted by the UN conference on Environment and development that in order to protect the environment a precautionary approach should be widely applied, meaning that there where are threats of serious or irreversible damage to the environment, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
In other words, the precautionary principle would view actions that might have an adverse effect on the envrionment as "presumed guilty until proven innocent."
The precautionary principle is usually unvoked when the potential damage is extreme, or if it is irreversable (as environmental changes often are).
Ought to Guide
Ought means to have a moral obligation to do something. To guide something means to steer it in a certain direction, or influence it in some way. Generally, "ought to guide" would mean a moral obligation to influence a decision. However, this resolution does not provide any sort of actor that "ought to guide" environmental regulations. Consequently, we have a few choices - government organized departments, corporations, multinational organizations (EU, UN) or individual standards. It's up to the affirmative / negative debater to set up a course of action for whichever actor he chooses. The debater also needs to justify his choice should he make a selection. However the debaters may also claim in a blanket statement that all organizations ought or ought not heed the precautionary principle.
Environmental Regulations
The debater will have some leeway when defining this term, because of the several possible interpretations of the word "environment." Environment can imply some sort of natural reference to ecological or otherwise physical surroundings, or be extended to include the social and cultural forces that shape a population. "Regulation" has a more forceful connatation than commonly used synonyms, such as "guideline" because it suggests some kind of law or rule.
Affirming the Topic
The problem that affirmative faces is that the topic has been removed from the context that inspired it. Persuading people of the need to apply the precautionary principle in respect to global warming would not be too difficult. Global warming present an enormous potential threat to the environment and to humanity. However, as worded, the topic does not speak narrowly of global warming. Further, in the debate over global warming, the preponderance of the evidence suggested that global warming was indeed occurring. It was a small minority of the scientific community that disputed it. The precautoinary principle is not limited to these cases.
The affirmative could try to define the precautionary principle narrowly and to argue that it should only be applied under relatively extreme circumstances: when the likelihood of the damage to the environment is very high and the costs of implementing the principle relatively small. Unfortunately, sharp negative will see through this and argue that affirmative is actually arguing against the topic and not for it.
| Arguments | Responses |
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[Edit] Temporary Stabilization | |
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[Edit] YesAllows for temporary stabilization while research continues
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[Edit] NoThis would only be true when invoking the principle would mean preventing a change in the status quo from taking place and when the status quo was stable. Suppose, however, that in an effort to provide much needed electricity to a pure rural population, a government decides to erect a hydro-electric plant alongside a river. Failure to provide the electricity would result in prolonged poverty for the population and social unrest would likely continue. Invoking the precautionary principle could delay the much needed construction project. Another example is global warming. The precautionary principle would seem to require immediate and dramatic increase in environmental regulations, which could have dramatic destabilizing effect on economies throughout the world. |
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[Edit] Economic Arguments | |
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[Edit] YesIt is easier to figure out how much the precautionary princple will cost then what costs of future catastrophes might be. |
[Edit] NoThere's no support this claim provided. However, even assuming the claim were true, why is it important and how does it prove the resolution false? Suppose what we find out is that the cost of applying the precautionary principle would be astronomically high. |
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[Edit] YesShifts financial responsibility to those who can bear it (explain) |
[Edit] NoHow so? How would this "shift" take place? Wouldn't the precautionary principle be applied in developing countries? |
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[Edit] YesCreates more jobs (Environemtally friendly corporations make room for more people to work, Ends up benefiting not just natural environement but social one – more people have work) |
[Edit] NoApplying the precautionary principle could limit economic growth in the short run. There's no proof offered that there will be more jobs created were regulations imposed than if they were not. If applying the precuationary principle would increase economic growth and create new jobs, then how to explain the fact that the business community almost always reacts negatively whenever governments attempt to increase environmental regulatoins. |
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[Edit] Costs of Inaction | |
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[Edit] Yes1c: The cost of inaction is greater than the cost of action. Inaction not only results in economic losses but it also results in a limitation of basic human rights, such as life. Ex: “A Dutch calculation estimated that if the Netherlands had banned asbestos in 1965, when the evidence first suggested a link with mesothelioma, instead of in 1993, the country would have been spared 34,000 victims and 41 billion guilders (about $20 billion) in building and compensation costs. (EEA 2001) Though the financial burdens at the time may seem too great for the agent to bear, inaction will only result in a greater financial burden that grows over time. “The costs of preventive actions are usually tangible, clearly allocated and often short term, whereas the costs of failing to act are less tangible, less clearly distributed and usually longer term, posing particular problems of governance.“ |
[Edit] NoHindsight may be twenty-twenty. How many important innovations would have been prevented had the precuaitonary principle been invoked to delay or prevent their implementation? There is always risk involved with the unknown and while we can admit that we should be careful in the risks that are taken with the environment, the precautionary principle would prevent societies from taking action absent complete certainty. This is too high a threshold. |
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[Edit] Yes2c: The Precautionary Principle is necessary Sub point a) Precaution is necessary b/c of the changing world Ex : 6 billion people plus inhabit the planet, mid-level estimates predict 9-10 billion by mid-21st century. (Source?) Would need 2 and a half more earths to support pop. If used half as many resources as Americans Though this is just a prediction, it is based off of scientific evidence and If it were to come true then we would be on a lot of trouble so it is necessary to take precaution to protect ourselves from extreme potential harm. (Source?) B) We may never be able to establish full scientific evidence for certain causes. The precautionary principle suggest taking action before there is full scientific evidence of harm, though this may be seen as a problem with many issues (pertaining to environmental regulations) full scientific proof is unattainable. Example: endocrine disruption, climate change, cancer, and the disappearance of species are rarely linked to a specific cause. (Source) If you are never able to make this link then no action is ever taken and the problem continues to grow worse. “Scientific standards of certainty may be impossible to attain when causes and outcomes are multiple; latent periods are long; timing of exposure is crucial; unexposed, “control” populations do not exist; or confounding factors are unidentified.” C) Current methods of preventing the environment from harm are not sufficient Quantitative Risk assessment is the main method for determining harmful side effects for products technologies + development projects. (Source?) What is risk assessment? 1. present numbers to show how much harm might occur 2. policy makers decide how much harm is acceptable. Major flaw: doesn’t search for alternatives that would reduce risk Used by : United States in the mid-1980s, global trade agreements of the 1990s Ex: used risk assessment to create an estimate of how many kids would die after playing with toys that release a poorly understood level of toxicity, policy makers decide how many kids they can kill and get away with instead of looking for alternatives. Risk assessment doesn’t work when the stakes are high (death of unknown number of people). “ its like asking how much harm can we tolerate instead of how much harm can we avoid?” Sub point D)The PP is necessary when dealing with environmental harms because the harm it attempts to prevent is often irreversible. Look at what happened when we didn’t use the Precautionary Principle report by the European Environment Agency in 2001 studied when we didn’t apply PP
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[Edit] No |
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[Edit] Yes3c) The PP increases public participation, therefore letting the people control their own destiny The PP is beneficial to the general public. Since the PP looks to the public to decide wat constitutes arm decisions are then made by those who might suffer the harm( the general public) |
[Edit] NoThere's no support offered for th claim that the precautionary principle will increase public participation in the regulatory process. However, even assuming this could be proven true, why is increased participation in this case a good thing. When it comes to highly technical issues, like those that often surround moves to protect the environment, reliance on experts and experienced policy makers would probably produce better public policy than appeals to the wisdom of the masses. See Cass Sunstein on the problems inherent to rely on the wisdom of the masses. |
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[Edit] Yes4c) The PP is beneficial to corporations It is better for businesses to apply the precautionary principle because if they fail to and end up causing harm they look bad and they inturn receive a horrible reputation and loose customers. June 2001 Verizon issued statement warning against excess cell phone use in children, said the cause was the PP. They realize that it is beneficial for the to apply the precautionary principle because they appear as if they care and protect themselves from law suits in the future ect. |
[Edit] No |
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[Edit] Yes5c) The precautionary principle allows for temporary stabilization while other research can be continued Though the precautionary principle is applied when the risk factor is not certain it allows for more research to be done in a stable environment so there is no chance of drastic harm to be done. |
[Edit] No |
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[Edit] Argument #4 | |
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[Edit] YesIn issues like the environment, changes such as extinction of species and deforestation are irreversible and will disrupt the ecosystem, leading to more instability. Caution from the start will produce better effects overall. If action is taken, it is much more likely that positive changes will occur, rather than when it is too late to make a change. |
[Edit] No |
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[Edit] Argument #5 | |
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[Edit] YesHuman influence on the planet is increasing more than ever. Humans have such a huge presence in the world that we cannot completely avoid affecting it, i.e. damaging it. However, the more we use the precautionary principle, the less damage we will end up doing because we will have taken necessary measures to prevent serious harm. |
[Edit] No |
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[Edit] Argument #6 | |
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[Edit] YesThe precautionary principle allows for temporary stability while alternatives are looked for. Instead of jumping into a policy with both feet in the water, the precautionary principle allows society to poke around a little bit and still have some stability. Society can then take advantage of this stability and search for safer alternatives to a policy that will both lead to new technology and an alternative that does less damage to the environment. |
[Edit] NoThe assumption that stability is the norm and that the precautionary principle preserve is questionable. However, even assuming this unsupported claim were true, since in most cases, invoking the precautoinary principle would mean increasing regulation, thus altering the status quo, the precautionary principle may produce more rather than less stability. For instance, the precautionary principle would seem to suggest that we immediately limit the use of fossil fuel, which would mean a dramatic change in the status quo. |
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[Edit] Argument #7 | |
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[Edit] YesOther options that test social effects of new policies / products are not valid. The most common alternative is a process known as risk assessment. However, in risk assessment, consequences as serious as death are allowed to occur. For example, if a new chemical that may have deadly effects when inhaled but makes perfumes smell wonderful is put in perfumes to test its effects, many people may lose their lives because the government / perfume company did not want to waste their time effectively researching the new chemical. |
[Edit] No |
Negating the Topic
When negating the topic, it will be important to stress that a negation does not mean a return to the days of DDT and Love Canal or a total disregard for the environment. While there will undoubtedly be some attracted to liberatarian arguments, such arguments are unlike to prove persuasive. Negatives would be much better of admitting that the enviromment is in need of protection but arguing that the precautionary principle is too reactionary. Negative should in all likelihood concede the need to take immediate steps to combat global warming but then to argue that global warming is a special case.
| Arguments | Responses |
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[Edit] Argument #1 | |
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[Edit] YesThe precautionary principle is not a scientifically valid principle because its whole basis is a lack of scientific evidence. There is no science involved in the precautionary principle; rather, the entire principle of it is based completely on lack of science. |
[Edit] NoResponse. |
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[Edit] Argument #2 | |
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[Edit] YesOther options that test the effects of environmental regulations are more effective, such as risk assessment. Risk assessment, albeit more hands-on and therefore more likely to result in lives being harmed in the short term, is in the long run more effective because hard science is involved and real results are given. |
[Edit] No |
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[Edit] Argument #3 | |
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[Edit] YesRequiring policies to be proved safe could stifle innovation. This is because with no research or application, nothing can be confirmed to be true or certain. Therefore, the precautionary principle in its strictest sense will always be standing in the way of progress and innovation. |
[Edit] No |
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[Edit] Argument #4 | |
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[Edit] Yes |
[Edit] No |
Sample Cases
- Isabel Parkowski's Cases
- Leslie Ye's Cases
- Cara Eckholm's Cases
- Jesse Towsen's Cases
- Manolis Michelakakis's Cases
- Sam Peterson's Cases
Further Reading
- Sunstein, Cass R. "Beyond the Precautionary Principle." University of Pennsylvania Law Review, January 2003, 1003-1058.
External links
- Wikipedia entry on the precautionary principle
- Nice summary of some criticisms of the Precautionary Principle
- A Small Dose of Toxicology
- Bay Area Working Group on the Precautionary Principle
- Report by the UK ILGRA, 2002. "The Precautionary Principle: Policy and Application"
- David Appell, Scientific American, January 2001: "The New Uncertainty Principle"
- The Times of London, January 15 2005, "What is . . . the Precautionary Principle?"
- Mismanaging risk - Adam Smith Institute Blog
- Bill Durodié, Spiked (magazine), March 16 2004: The precautionary principle assumes that prevention is better than cure
- European Environment Agency (2001), Late lessons from early warnings: the precautionary principle 1896–2000
- Applying the Precautionary Principle to Nanotechnology, Center for Responsible Nanotechnology 2004
- 1998 Wingspread Statement on the Precautionary Principle
- Science and Environmental Health Network, The Precautionary Principle in Action - a Handbook
- Gary E. Marchant, Kenneth L. Mossman: Arbitrary and Capricious: The Precautionary Principle in the European Union Courts. American Enterprise Institute Press 2004, ISBN 0-8447-4189-2; free online PDF
- The Precautionary Principle Project: Sustainable Development, Natural Resource Management and Biodiversity Conservation
- European Commission Communication on the Precautionary Principle
- Uses of the Precautionary Principle in International Treaties and Agreements
- The Proactionary Principle
- The Reversibility Principle



