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Policy Forum

Science and the Precautionary Principle

Science
12 May 2000
Vol 288, Issue 5468
pp. 979-981

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References and Notes

1
However, one authority traces its use back to 1854, in the famous incident when John Snow removed the pump handle from a London well, “curing” a cholera epidemic in the neighborhood. D. Gee, Financial Times(London), U.S. ed. 2, 16 December 1999, p. 14.
2
Vanderzwaag D., J. Environ. Law Pract.8, 2 (1999)See also www.ec.gc.ca/cepa/ip18/e18_00.html.
3
Freestone D., Hey E., Eds. Intl. Environ. Law Policy Ser31, (1996).
4
World Charter for Nature, U.N. GA Resolution 37/7 (1982).
5
One wag has suggested that the Precautionary Principle should be applied (presumably in a strong form) to the use of the Precautionary Principle, which would result in no action—a good or bad thing, depending on one's point of view.
6
Rio Declaration on Environment and Development, 13 June 1992 (U.N. Doc./CONF.151/5/Rev.1).
7
Declaration of the Third International Conference on the Protection of the North Sea (Preamble) (1990).
8
International Commission on Non-Ionizing Radiation Protection (ICNIRP), Health Phys, 74, 2, (1998).
9
IEEE (Institute of Electrical and Electronics Engineers) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz, IEEE Std. C95.1, 1999 Edition.
10
Elwood J. M., Environ. Health Perspect107, 2 (1999).
11
Maximum levels of RF exposure to the public from typical cellular base stations are about 1 _W/cm, a factor of about 500 below U.S. regulatory limits at 850 MHz (which generally follow the IEEE C95.1 standard). Cellular base stations transmit at similar power levels as police, fire, and other emergency communications systems and paging systems, and far below those of commercial radio and television broadcasting transmitters.
12
Swiss Bundesrat, Decree Concerning Protection from Non-Ionising Radiation (NISV). See www.admin.ch/ch/d/as/2000/213.pdf [in German].
13
For discussion see New Zealand Ministry for the Environment, Ministry of Health, “Towards national guidelines for managing the effects of radiofrequency transmitters: A discussion document,” Wellington, New Zealand: Ministry for the Environment. See www.mfe.govt.nz/about/publications/rma/draft_rf_guidelines.pdf.
14
Commission of the European Communities, Communication on the Precautionary Principle, Brussels 02 February 2000. See http://europa.eu.int/comm/off/com/health_consumer/precaution.htm.
15
The commentary does not have binding status as would a regulation or a directive (which are EU “laws”), but is a general guidance as to the basis of future Commission decisions. Most countries mentioned in this Policy Forum are not part of the EU, and the commentary would have only an indirect impact on them.
16
National Research Council, Risk Assessment in the Federal Government: Managing the Process (National Academy Press, Washington, DC, 1983.
17
Only limited case law exists on the principle. A recent decision by the European Court of Justice upholds a ban on the export of British beef into EU countries: “[I]n view of the seriousness of the risk [of bovine spongiform encephalopathy] and the urgency of the situation, the Commission did not react in a manifestly inappropriate manner by imposing, on a temporary basis and pending the production of more detailed scientific information, a general ban on exports of bovine [products].” Case E-180/96, United Kingdom of Great Britain and Northern Ireland v. Commission of the European Communities, 5 May 1998. See europa.eu.int/cj/en/jurisp/index.htm.
18
Cellular Telephone Company v. Town of Oyster Bay, 166 F.3d 490, 494 (2d Cir. 1999).

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Science
Volume 288 | Issue 5468
12 May 2000

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Published in print: 12 May 2000

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To whom correspondence should be addressed. E-mail: kfoster@seas.upenn.edu

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References

References

1
However, one authority traces its use back to 1854, in the famous incident when John Snow removed the pump handle from a London well, “curing” a cholera epidemic in the neighborhood. D. Gee, Financial Times(London), U.S. ed. 2, 16 December 1999, p. 14.
2
Vanderzwaag D., J. Environ. Law Pract.8, 2 (1999)See also www.ec.gc.ca/cepa/ip18/e18_00.html.
3
Freestone D., Hey E., Eds. Intl. Environ. Law Policy Ser31, (1996).
4
World Charter for Nature, U.N. GA Resolution 37/7 (1982).
5
One wag has suggested that the Precautionary Principle should be applied (presumably in a strong form) to the use of the Precautionary Principle, which would result in no action—a good or bad thing, depending on one's point of view.
6
Rio Declaration on Environment and Development, 13 June 1992 (U.N. Doc./CONF.151/5/Rev.1).
7
Declaration of the Third International Conference on the Protection of the North Sea (Preamble) (1990).
8
International Commission on Non-Ionizing Radiation Protection (ICNIRP), Health Phys, 74, 2, (1998).
9
IEEE (Institute of Electrical and Electronics Engineers) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz, IEEE Std. C95.1, 1999 Edition.
10
Elwood J. M., Environ. Health Perspect107, 2 (1999).
11
Maximum levels of RF exposure to the public from typical cellular base stations are about 1 _W/cm, a factor of about 500 below U.S. regulatory limits at 850 MHz (which generally follow the IEEE C95.1 standard). Cellular base stations transmit at similar power levels as police, fire, and other emergency communications systems and paging systems, and far below those of commercial radio and television broadcasting transmitters.
12
Swiss Bundesrat, Decree Concerning Protection from Non-Ionising Radiation (NISV). See www.admin.ch/ch/d/as/2000/213.pdf [in German].
13
For discussion see New Zealand Ministry for the Environment, Ministry of Health, “Towards national guidelines for managing the effects of radiofrequency transmitters: A discussion document,” Wellington, New Zealand: Ministry for the Environment. See www.mfe.govt.nz/about/publications/rma/draft_rf_guidelines.pdf.
14
Commission of the European Communities, Communication on the Precautionary Principle, Brussels 02 February 2000. See http://europa.eu.int/comm/off/com/health_consumer/precaution.htm.
15
The commentary does not have binding status as would a regulation or a directive (which are EU “laws”), but is a general guidance as to the basis of future Commission decisions. Most countries mentioned in this Policy Forum are not part of the EU, and the commentary would have only an indirect impact on them.
16
National Research Council, Risk Assessment in the Federal Government: Managing the Process (National Academy Press, Washington, DC, 1983.
17
Only limited case law exists on the principle. A recent decision by the European Court of Justice upholds a ban on the export of British beef into EU countries: “[I]n view of the seriousness of the risk [of bovine spongiform encephalopathy] and the urgency of the situation, the Commission did not react in a manifestly inappropriate manner by imposing, on a temporary basis and pending the production of more detailed scientific information, a general ban on exports of bovine [products].” Case E-180/96, United Kingdom of Great Britain and Northern Ireland v. Commission of the European Communities, 5 May 1998. See europa.eu.int/cj/en/jurisp/index.htm.
18
Cellular Telephone Company v. Town of Oyster Bay, 166 F.3d 490, 494 (2d Cir. 1999).
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