• Journal of Science and Technology Studies
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• v.10 no.2
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• pp.143-174
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• 2010

How can a regulatory policy to address potential hazards be made legitimate in the face of scientific uncertainty? The precautionary principle has been gradually regarded as the most persuasive answer to this intricate question in Europe since the 1970s and generally recognized as a guiding principle in international environmental law. This principle, however, has often been subject to diverse concerns and criticisms due to its vague definition. This article tries to elaborate the precautionary principle while reviewing both the validity and unreasonableness of these criticisms over this principle. Then, this article explores the policy relevance of this principle by applying this elaborated definition to the concrete case of risk governance such as the risk assesment of food safety. In the end, this paper emphasizes the fact that the precautionary principle can be applied in the field of risk governance, refuting the argument that the precautionary principle is only a moral attitude or a political position.

• Journal of Environmental Policy
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• v.13 no.1
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• pp.3-23
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• 2014

TThe CCS, gathering attention as a practical measure against climate change, has various potential risks within itself. Identifying those risks and developing proper countermeasures for each one, therefore, is essential. Failure to take proper measures against such risks may result in significant damages and accidents, causing social anxiety and unwillingness to accept CCS. This study proposes the precautionary principle as a fundamental principle for CCS risk management. While the justifications for the precautionary principle are acceptable, there have been criticisms on its limitations including its impracticality. The purpose of this study was, therefore, to identify detailed application strategies to overcome those limitations. The risk factors related to CCS consist of quantifiable risk domains as well as a number of those with high uncertainty and ambiguity. Thus, there is a need to develop differentiated coping measures, meaning that the precautionary principle should be applied. The risk assessment and management applying the precautionary principle has implication of social appraisal based on wide participation and communication among the interested parties, which may be a useful approach for expanding social applicability.

• Food Industry
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• s.165
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• pp.107-126
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• 2002

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.241-269
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• 2011

Solar flare and storm may give an adverse effect upon electromagnetic environment around the Earth, so that various kinds of satellite cease to normally function. This kind of space storm disaster is characterized by the uncertainty about when and what size. Recently the UN has been paying attention to this plausible disaster. Particularly the COPUOS has taken the view that this disaster would threaten the sustainable space environment. The precautionary principle, rooted and excercised in the environment protection filed, has been adopted in the case of disaster with uncertainty. The reports and opinions given by the expert and representatives of the member States have stated that the precautionary principle should be adopted for the purpose of dealing with this disaster. On the other hand, it is advanced that the principle has been already included in the space law principle enshrined in the 1967 Space Treaty. The Treaty has adopted the freedom of navigation and use of the outer space for the interest of all States as the basic principles. Sustainable environment is necessary for implementing the principle. Therefore, the rules for the protection of sustainable space environment should be based upon the space law principle.

• Korean Journal of Organic Agriculture
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• v.14 no.2
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• pp.139-157
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• 2006

Biotechnology has reached the level of giving birth to new forms of life and with this is a growing controversy in the conflict between science and ethics. Especially, GMOs are closely linked to the food products we consume and thus, the majority of the public shows a very sensitive reaction to the safety of GMO food products. Many perspectives arose surrounding the issues of safety on the human body and the ecology. This outlines diverse structural mechanisms to be set up to ensure safety such as risk assessment, risk management etc. Despite the precautionary principle guaranteed in many ways, the problem arises whether and how this principle can be taken in the safety assessment. GMOs due to its uniqueness do not end with just the possession of the technology involved but must also be considered with the prerequisite that they could be cultured again. Therefore the reinforcement of safety assessment system is necessary. That is, the reinforcement of risk assessment including field tests, the consideration of socio-economic effects, the coordinated system of relevant authorities, the development of technology for safety assessment.

• Journal of Science and Technology Studies
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• v.15 no.1
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• pp.281-325
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• 2015

In this paper, we continue our previous study on the differences, similarities and interfaces between the various models of scientific governance discussed in STS and those in risk governance developed by risk studies. In the previous paper we illuminated that theoretical differences among STS scholars on scientific governance and public participation goes back to the 1970s and 1980s, during which they first laid down the conceptual basis of STS. In this paper we investigate how these divergent positions among STS scholars influenced their evaluations of precautionary principle and the framework of risk analysis (especially the separation between risk assessment and risk management), which are the two main paradigms in the area of risk regulation. By doing that, this paper will show divergent positions of STS scholars on risk analysis and precautionary principle. Further, we will suggest some theoretical and practical interfaces between STS and risk governance models.

• International Commerce and Information Review
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• v.10 no.4
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• Journal of Korean Society of Forest Science
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• v.108 no.3
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• pp.454-467
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• 2019

This study proposed a forest landscape (patch) fragmentation monitoring framework using a cadastral forest land dataset and validated the feasibility of such monitoring. The following results were found. First, the forest landscape has fragmented too quickly. Hence, immediate national monitoring and management are required. Second, forest landscape monitoring should be linked to other survey frameworks. Horizontal fragmentation monitoring based on the forest landscape (geographic information system [GIS] polygons) is insufficient to determine ecological processes. Third, precautionary principle regulation to link forest landscape fragmentation monitoring to assessment systems such as environmental impact analysis or disaster impact analysis should follow.

• Journal of Environmental Policy
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• v.5 no.4
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• pp.127-154
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• 2006

It has been widely accepted that the environment is an important determining factor of human health. Appreciating the relationship between the environment and human health, Korean government has begun to deal with issues of environmental health. The government proclaimed the year of 2006 to be the first year of Environmental Health and established "The Environmental Health Plan for the next 10 Year". In order to achieve the goals in the plan, there are necessary considerations such as support systems for environment health related research, investigation, law, institution, administration, and so forth. This study suggests basic principles required to establish a legal regime of environmental health which is to implement the environmental health policies in Korea. Several cases of foreign legislation and policy relevant to environmental health are reviewed. Also, existing related legal system in Korea are analysed considering legal and institutional elements for establishing an effective environmental health policy. The main purpose of amending legal system related environmental health is to protect both public health and the soundness of ecosystem. To reach the goals effectively, the concept of 'environmental health' should be clearly established and presented. In addition, an advanced prevention system, including investigation and prevention of the cause of environmental diseases and risk assessment based on the precautionary principle, are substantial in the environmental health legislation. Also the environmental health law should guarantee public participation in decision making as well as the first consideration of susceptible or vulnerable population. This study concludes that the expected legislation related to environmental health should be a nonnative instrument not only for integrating each environmental protection scheme but also for establishing and implementing the policy.

• Journal of Environmental Policy
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• v.12 no.3
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• pp.49-71
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• 2013

Nanomaterials, which have the issues related to toxicity, environmental exposures, and human health, have been focused on significance of their safety management. Regarding their higher applicability for multiple sectors from chemicals to consumer products, the most important thing is to consider international policy cases categorized by regulatory intensities, applicable sectors, and substance types for establishing of convincing safety management system on nanomaterials. For minimizing the nanomaterials' risk potential, developing the system that underlines a precautionary principle is also needed. Regulatory system on nanomaterials should be applicable to the status quo and be a proactive approach to rapidly changing international trends.