THE PRECAUTIONARY APPROACH - IMPLICATIONS OF THE REVISION OF THE OSLO AND PARIS CONVENTIONS

Influenced by the declarations adopted at the ministerial North Sea conferences, the precautionary approach found its way into the work of the Oslo and Paris Commissions. These commissions have decided to review their constituent conventions in light of, among other factors, the precautionary approach. This article looks at the implications of the precautionary approach for international marine environmental policy and law. What could be introduced in the revised conventions is a reversal of the burden of proof, ie placing the burden of proof with those actors that urge that action is not required. Three procedures are discussed: clarifying the basis for action, decision making by majority vote and prior consultation procedures. In addition, consideration is given to the possible spin-off effect that implementation of the precautionary approach may have for the environmental policies of other forums.