Journal of Environmental Law Advance Access published online on March 9, 2008
Journal of Environmental Law, doi:10.1093/jel/eqn006
The Interpretation of ‘Precaution’ in the European Community Common Fisheries Policy
*University of Kent (W.Howarth{at}kent.ac.uk). An earlier draft of this article was helpfully commented on by Donald McGillivray, University of Kent, and delivered and discussed at the Conference of the Society of Legal Scholars at the University of Durham on 12 September 2007. The author is extremely grateful for these comments and those of the Editor of this Journal and anonymous reviewers, but remains entirely responsible for any errors that remain.
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Abstract |
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The European Community Environment Policy and the need for integration of environmental requirements in sectoral policies raise markedly different issues in the different contexts in which they need to be applied. The application of the precautionary principle to the ‘prudent and rational utilisation of natural resources’ contrasts with its application in pollution control contexts. The need for precaution in the management of fisheries resources is considered against the backdrop of the reformed (post-2002) Community Common Fisheries Policy. This recognises the need to adopt a precautionary approach and, progressively, an ecosystem-based approach. These innovations are assessed through their application to catch limits under stock recovery plans. The interpretation of ‘precaution’ that has been adopted is contrasted with stricter alternatives. Given the potential costs of precaution, there may be good reasons for its progressive application, but, if the reforms fail to achieve their ecological objectives, a stronger version of precaution will be needed.