Scientific Uncertainty as a Threshold of Precautionary Principle

Ever since the Appellate Bodys explicit reference to the precautionary principle in the finding of EC-Hormone case, WTO has provided research on the effective ways to implement the precautionary principle for trade into sustainable development. Accordingly, this Article studies the second threshold, ‘scientific uncertainty’ among three requirements to act on the practical measures of the precautionary principle. In fact, scientific uncertainty is one of the crucial necessities of precautionary principle to come into the ream of international trade as well. That much, the issue of scientific uncertainty as a threshold of the precautionary principle is essential. Above all, the precautionary principle has been wielded as a rationale not to bring scientific uncertainty as a loophole to let an importation of products and substances containing the possible harmful hazards against member states environment and human health protection. The first part of this Article analyzes the concept of uncertainty from a multidimensional perspective. In the second part, a study on different degrees of scientific uncertainty is conducted depending on different formulations of the precautionary principle in various legal documents. In addition, this article considers to determine the important underlying value to operate the second threshold of scientific uncertainty.