From the Precautionary Principle to the Protection Principle: Reinventing environmental risk management.

The principles of prevention and precaution are two fundamental concepts in environmental law. Although they have distinct nuances, these two notions are part of a sustainable development strategy that must be taken into account by governments and public administrations when drafting laws and legal decisions to protect the environment.

The principle of prevention was implemented following the 1992 Rio Declaration. For more than 30 years, it has been recognised that it is necessary to take action to protect the environment by applying this principle, which aims to avoid a scientifically certain risk.

The principle of prevention involves taking the necessary measures to prevent certain damage from occurring if no action is taken to prevent it. The risk of damage must be foreseeable, certain and based on a scientific consensus supported by solid and convincing evidence.

At the same time, another principle has emerged in response to the growing awareness of the often serious but uncertain environmental and health risks associated with certain technologies or human practices. This is the Precautionary principle: acting to prevent a potential consequence. Unlike the principle of prevention, which is based on established scientific proof, the precautionary principle applies in situations of scientific uncertainty. It states that, in the face of uncertainty, the absence of certainty should not justify inaction. In other words, when technical, scientific or economic knowledge is lacking, measures must be taken to manage the risks and prevent potential damage to the environment and health.

States have adopted laws governing human activities based on these principles, in particular by imposing environmental impact studies to assess the effects of a project, by making it necessary to obtain authorisations, by establishing contaminant emission thresholds and by prohibiting certain practices. However, despite their presence in legislation at all levels (international, European and national), their application remains insufficient. Even if these principles are incorporated into the constitutions of certain countries, their implementation can come up against tensions between the need to protect the population and the risks of exaggerating preventive and precautionary measures, which can lead to high economic costs or restrictions deemed unnecessary.

In addition, the precautionary principle is sometimes criticised for being vague, leading to divergent interpretations. Furthermore, the implementation of this principle can encounter practical obstacles, such as the lack of reliable scientific data or uncertainty about the consequences of preventive action. Another problem encountered is ‘decision paralysis’, where fear of uncertain consequences prevents any action, making the precautionary principle less effective in certain situations.

Faced with these challenges, the ‘Let's Be Nice to the Ocean’ initiative, launched by the Varga Group at the request of the French government and Costa Rica (co-presidents of the United Nations Ocean Conference in June 2025), has introduced a new principle: the PROTECTION principle. As part of the United Nations Ocean Conference, the initiative questions the effectiveness of the prevention and precautionary principles in protecting the oceans, while highlighting their limitations, particularly in terms of the responsibility of industries. Although the precautionary principle has been incorporated into numerous international agreements and national legislation, its implementation remains inconsistent, particularly when it comes to holding industries responsible for their environmental damages.

The protection principle aims to fill this gap by strengthening environmental protection. Anchored in the 1987 report of the Brundtland Commission, Our Common Future, which laid the foundations for sustainable development, the principle of protection today represents a necessary turning point in ensuring genuine management of environmental risks. It stipulates that "all extractive industries, whether conducted by States or corporations, whose activities are liable to harm the ocean must demonstrate that their operations and plans are environmentally safe, with a negligible, reversible, or acceptable footprint prior to commencing. Where damage has already occurred, mitigation or restoration measures identified by public authorities will be covered by the responsible entities".

In short, this principle makes environmental protection a norm, rather than an exception. Implementing this concept requires a paradigm shift, where the burden of proof lies not with those seeking to protect the environment, but with those wishing to carry out potentially harmful activities. This shift in perspective could form the basis of new global environmental policies.

Looking at the history of environmental protection, it can be said that the adoption of the precautionary principle in the Rio Declaration on Environment and Development was a key element in the lasting success of the 1992 Earth Summit. The United Nations Framework Conventions on Climate Change, Biological Diversity and Desertification laid the foundations for modern environmental law and policy.

Today, we once again have the opportunity to create a major turning point in environmental protection. It's time to change the paradigm and make environmental protection the norm. Let's join the Coalition Océan and work together for a future where the ocean, which provides us with so many services, is treated with the respect it deserves.