ABSTRACT

Early work on the precautionary principle, including that of the conveners of the January 1998 Wingspread Conference on the Precau­ tionary Principle, was based on the assumption that the principle was a regulatory backstop to bad decisions. The principle was seen as a way of making decisions to prevent harm after a product or activity was fully developed and ready for market-or even, in some cases, al­ ready in use. But much of the analysis since Wingspread has con­ cluded that the regulatory process is too late a stage at which to exercise true precaution.1 The emergence of problems that call for pre­ cautionary regulation indicates that the wrong questions have been asked, or that hard questions were omitted during product develop­ ment or implementation, such as large-scale deployment of GE crops.