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A major disaster looming at an unknown but unavoldable date in the future, the collapse of Séchilienne puts the legal arsenal of French risk prevention to the test. The legal instruments which form part of the backdrop to the local scene of the danger are characterised by an isolated and unilateral approach to the risk in which the State and the communes are trapped in a network of regulatory powers, established a priori. The Act of 1995 does not fundamentally change this approach, even if a broad interprétation of its provisions provides for genuine social negotiation with the community concerned about the consequences of the danger and for working towards proper land planning based on risk. Recent developments in the Séchilienne case demonstrate that a timorous interpretation of the texts could compound the natural disaster with a social disaster.

The precautionary principle is today fully recognized in international law, though its precise boundaries remain uncertain. The implementation of the principle into Australian domestic law as inspired by international legal materials, reveals some interesting elements of the legal content and scope of the precautionary principle, subject to the particular rules of incorporation of international law in Australia. At the time of the Rio Conference, explicit recognition of the precautionary principle was made in domestic law and policy in Australia. The definition of the principle adopted in those texts accords precisely with that which operates in international law. Furthermore, a number of important court decisions have cast light on the exact nature and content of the principle. They have investigated and on occasion defined, the thresholds of gravity, irreversibility and absence of absolute certainty above which the precautionary principle applies and preventative measures must be taken. Leading legal scholars have also commented on the components of the precautionary principle. From all of these sources, French lawyers might find interest and inspiration.