Research On The Precautionary Principle And Biosafety

With the rapid development of modern science and technology, human beings are enjoying the massive benefit but also the dreadful impact of environmental risks. Because most of those impacts are devastating and irreversible, witnessing the accumulating environmental incidents, people start to meditate: Whether it is improper to maintain the optimistic attitude toward nature? Precautionary Principle entered into international environmental law realm in 1980s, with the request on human conducts: human being should establish discreet caution toward the future, and regulate human behavior with the fully harness of modern science; even without the proof of scientific certainty, immediate precautionary actions should also be implemented under the threat of irreversible depletion.Problems of biosafty have been aroused under the prompt development of biotechnology. However biosafty is extremely complicated that scientific uncertainty is teemed as the symbol of biosafty. The Precautionary Principle is greatly crucial in the issue of biosafty. The"Cartagena Protocol on Biosafety", which is the symbol of Living Modified Organisms transboundary regulations, is the representative of incorporation of Precautionary Principle and biosafty. Whether the Precautionary Principle would be able to solve all of the potential risks? The answer is negative. With the abstract and generality of Principles, it is so difficult to addict the Precautionary Principle to the specific operational regulations. With the hardship of negotiation and cooperation, the balance and compromise of interest would be the basis of success.This dissertation starts from the introduction of the history and basic concepts of the Precautionary Principle, penetrating the essence of Precautionary Principle, explaining the importance of biosafty, exposing the jurisprudential basis of the Precautionary Principle into biosafty with argumentation of the relationship between the Precautionary Principle, human public interest and principle of sustainable development. In the international implementation, the"Cartagena Protocol on Biosafety"is so far the best international treaty incorporated Precautionary Principle with biosafty. Via the analysis of protocol,explore the defects of Precautionary Principle and expose the cause of formation. Finally, furnish advices improving the implementation of Precautionary Principle as formation hypothesis and international cooperation.