A precautionary approach to addressing threats to the environment can be traced back to domestic German law in the 1970s.  It was first used in an international agreement in 1980.  However, it was at the1992 United Nations Conference on Environment and Development that it received broad  international recognition in the  Rio Declaration on Environment and Development of 1992.  offsite link “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall be not used as a reason for postponing cost-effective measures to prevent environmental degradation.” Principle 15, Rio Declaration.  The precautionary approach has been incorporated into several international treaties to which the United States is party, including:

• 1980 Convention on the Conservation of Antarctic Marine Living Resources offsite link. “A ‘precautionary’ approach has been implemented to minimize risk associated with unsustainable practices in conditions of uncertainty.  This approach is complemented by the need to take into account ecological links between species and ‘natural’ as opposed to ‘human-induced’ variability – the ‘ecosystem approach’.”  General Introduction. offsite link  (U.S signed on 9/11/1980; Senate gave its advice and consent on 12/16/1981; U.S. ratified on 2/18/1982)
   
• 1992 Convention on Biological Diversity offsite link. “…where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat,” Preamble. (U.S. signed offsite link 6/4/1993, but the Senate has yet to give its advice and consent).

• 1992 United Nations Framework Convention on Climate Change offsite link. “The Parties should take precautionary measures to anticipate, prevent, or minimize the causes of climate change and mitigate its adverse effects.” Article 3(3). (U.S. signed offsite link on 6/12/1992; Senate gave its advice and consent on 7/10/1992 and the U.S. ratified offsite link on 10/15/1992).
   
• 1995 WTO Agreement on the Application of Sanitary and Phytosanitary Measures offsite link. “In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information” Article 5(7). (U.S. signed 4/15/1994, and approved through Congressional action 12/08/1994: Uruguay Round Agreements Act, Public Law 103-465).
   
• 1995 Fish Stocks Agreement offsite link. See generally Article 6, “Application of the precautionary approach.” ( U.S. signed offsite link on 12/4/1995; the Senate gave its advice and consent on 6/27/1996; and the U.S. ratified offsite link on 8/21/1996).
   
• 1996 Protocol to the 1972 London Convention on the Dumping of Wastes and Other Matter. “…Contracting Parties shall apply a precautionary approach to environmental protection from dumping of wastes…” Article 3(1). (U.S. signed in 1998, but the Senate has yet to give its advice and consent).
   
• 1997 Protocol to the International Convention for the Prevention of Pollution From Ships offsite link. (“1997 MARPOL Protocol”) “…Recognizing Principle 15 of the Rio Declaration on Environment and Development which calls for the application of a precautionary approach,” Preamble. (U.S. signed on 12/22/1998; Senate gave its advise and consent on 4/7/2006; US accepted on 7/21/2008).
   
• 1998 Agreement on the International Dolphin Conservation Program. “The Parties shall…apply the precautionary approach, consistent with the relevant provisions of the FAO Code of Conduct for Responsible Fisheries and the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks.” Article IV(1). (U.S. signed on 10/04/1995; and approved  through Congressional action 08/15/1999: International Dolphin Conservation Program Act, 16 U.S.C 1411).
   
• 2000 Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. offsite link  ” In order to conserve and manage highly migratory fish stocks, the members of the Commissions shall . . . apply the precautionary approach in accordance with this Convention and all relevant internationally agreed standards and recommended practices and procedures.” Article 5.  “In applying the precautionary approach, the members of the Commission shall: (a) apply the guidelines set out in Annex II of the Agreement, which shall form an integral part of this Convention, and determine, on the basis of the best scientific information available, stock specific reference points and the action to be taken if they are exceeded; etc.” Article 6. Signed by the U.S. on 9/5/2000; the Senate gave its advice and consent on 11/18/2005; and the U.S. ratified offsite link on 5/15/2007.
   
• 2001 International Convention on the Control of Harmful Anti-Fouling Systems. “Mindful of the precautionary approach set out in Principle 15 of the Rio Declaration on Environment and Development…” Preamble. (U.S. signed 12/12/2002.  The Senate gave its advice and consent on 9/ 26/ 2008,  The U.S. ratified on 8/3/2012.
   
• 2001 Agreement on the Conservation of Albatrosses and Petrels offsite link. “Recognizing the Rio Declaration on Environment and Development, 1992, Principle 15, that, in order to protect the environment, the precautionary approach should be widely applied.” Preamble.  Submitted to the Senate for advice and consent on September 26, 2008, but the Senate has yet to act).
   
• Protocols to the 1979 Convention on Long-Range Transboundary Air Pollution offsite link (LRTAP)

• • 1998 LRTAP Persistent Organic Pollutants Protocol offsite link. “Resolved to take measures to anticipate, prevent or minimize emissions of persistent organic pollutants, taking into account the application of the precautionary approach, as set forth in principle 15 of the Rio Declaration on Environment and Development,” Preamble. (U.S. signed offsite link on 6/24/1998, but the Senate has yet to give its advice and consent).

• • 1998 LRTAP Heavy Metals Protocol. offsite link “Resolved to take measures to anticipate, prevent or minimize emissions of certain heavy metals and their related compounds, taking into account the application of the precautionary approach, as set forth in principle 15 of the Rio Declaration on Environment and Development,” Preamble. (U.S. signed offsite link the Protocol on 6/24/1998 and accepted offsite link it on 1/10/2001).
     
  • 1999 LRTAP Acidification Protocol. offsite link “Resolved to take measures to anticipate, prevent or minimize emissions of these substances, taking into account the application of the precautionary approach as set forth in principle 15 of the Rio Declaration on Environment and Development," Preamble. (U.S. signed offsite link on 12/1/1999, and accepted offsite link by the U.S. on 11/22/2004).

Additional reference information:

• The United Nations’ Food and Agriculture Organization’s (“FAO”) webpage on the “Precautionary Approach to Fisheries Management” offsite link
   
• A 2005 table cataloguing the presence of the precautionary approach in various international instruments offsite link
   
• International Maritime Organization (IMO), Guidelines on Incorporation of the Precautionary Approach in the Context of Specific IMO Activities offsite link (Sept. 1995)