Hidden collapse refers to the existence of environmental indicators indicative of future collapse of forests, even though the forest appears intact and not at risk of ecosystem collapse. Professor David Lindenmayer and Dr Chloe Sato (Lindenmayer) first identified hidden collapse in 2018 in Mountain Ash forests of Victoria, Australia. The risk of hidden collapse represents a long term environmental threat and is a potential trigger for application of the precautionary principle (principle). Implicit in hidden collapse are two preconditions for application of the principle; the risk of a serious or irreversible environmental threat, and the existence of scientific uncertainty about the nature of the risk. Despite hidden collapse satisfying these essential preconditions for applying the principle, decision makers did not apply it in respect hidden collapse of Mountain Ash forests in Victoria. This article considers the current status of the principle in regulation and how it can be adjusted to address long term environmental risk. There is growing evidence around the world of serious decline in biodiversity requiring urgent application of precautionary risk management. A better regulatory regime for precautionary management of long term risk is now an urgent priority.

Snow crab replaced groundfish fisheries as the primary focus of the Newfoundland and Labrador (NL) fishing industry in the mid-1990s. Over the past three decades, management philosophies in this male-only fishery have shifted from promoting industry expansion to promoting industry rationalization to implementing Precautionary Approach (PA) management. Until the mid-2010s, there were regionalized management strategies characterized by higher exploitation rates in northern than southern sub-stock units along the NL marine shelves. However, in the late 2010s, exploitation rates were permitted to elevate to high levels across the entire stock range in association with a large resource decline and evidence of biological harm through fishing emerged in chronically depleted areas. In 2019, when stock and fishery productivity were near historic lows, a multi-indicator PA system was informally introduced into management of the resource. This event coincided with anticipated improvements in stock and fishery performance. This paper examines the extent to which the multi-indicator PA management system, focused on promotion of both biological protection and maximization of fishing efficiency, may have contributed to recent improvements in stock and fishery status. A suite of indicators from areas implementing PA guidance into management in 2019 prior to formal adoption of the PA system in 2023 suggest the system has been highly beneficial in promoting rapid recovery, improving stock and fishery performance metrics to levels matching or exceeding historic levels under similar conditions. We discuss capacity of the system to better safeguard biological aspects of resource and fisheries productivity moving forward under a scenario of an expectant resource decline.

The German Constitutional Court’s climate verdict provides a re-interpretation of liberal- democratic core concepts and is highly relevant for liberal constitutional law in general – including EU and international law. The verdict accepts human rights as intertemporal and globally applicable; it applies the precautionary principle to these rights and frees them from the misleading causality debate. However, the court fails to address the most important violations of human rights, and it categorised climate policy as a greater threat to freedom than climate change. And the court does not make it clear that the Paris 1.5-degree limit implies a radically smaller carbon budget. Furthermore, little attention has so far been paid to the fact that the ruling implies an obligation for more EU climate protection, especially since most emissions are regulated supranationally. To be effective, the EU emissions trading system demands a reform, which should go well beyond the existing EU proposals to enable societal transformation to sustainability.