ABSTRACT

The principle has been formulated rather broadly in the Swedish and Finnish environmental acts: operators are being called upon to take ‘proper care and caution … to prevent pollution’ (Finnish Environmental Protection Agency) or to ‘take any other precautions that are necessary in order to prevent, hinder or combat damage or detriment to human health or the environment’ (Swedish 1998 Mijobalk). The principle is not subject to the various thresholds with respect to the risk and the extent of the damage that underpin the definitions laid down in the provisions of most of the international environmental agreements. As a result, any type of risks falling within the ambit of these provisions could be subject to precaution.