Modern legal and judicial aspects of precautionary principle from electromagnetic damage
The precautionary principle is considered as a shift to a new legal philosophy which is promising and complex. This philosophy is characterized that it includes new priorities of the legislature and the changing role of the judges. It takes into account the risks inherent in modernity and deficiencies in scientific knowledge. As a legal principle, the precautionary principle is vague and controversial. It aims to be cautious in the conduct of affairs of humanity, to eliminate risks early and to prevent undesirable consequences in the future. All these can be done by implementing a series of preventive measures within a policy aiming to reduce the potential damage.
Considering the precautionary principle as a new legal principle, requires the need to innovate new legal texts and to modify some of the existing rules of civil liability in order to fit with the risks of new technology, which is shrouded in scientific uncertainty. The application of precautionary principle leads to emerge civil liability and to widen its scope to include the technological activities' operators who do not take effective and appropriate precautionary measures in their work. This principle obliges these to provide evidence that these is no risk of their activities, This is important in light of the current scientific uncertainty. This also requires more efforts to limit the damage or to prevent the damage through suspension of the activities that threaten human health.
The legal development regarding the burden of proving damages electromagnetism requires mitigation of the burden of proof and put it on the injured instead of the responsible for the damage. The latter should prove that his activity is not causing the damage. This is because it cannot ask the plaintiff to prove a negative matter which has not yet resolved by the science. |
