Implementing The Precautionary Principle

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Implementing The Precautionary Principle

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Author : Elizabeth Charlotte Fisher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01

Implementing The Precautionary Principle written by Elizabeth Charlotte Fisher and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Political Science categories.

This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.

Implementing The Precautionary Principle

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Author : Nicolas de Sadeleer
language : en
Publisher: Earthscan
Release Date : 2007

Implementing The Precautionary Principle written by Nicolas de Sadeleer and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle.Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances.This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully.Published with MARIE CURIE ACTIONS

The Precautionary Principle And International Law The Challenge Of Implementation

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Author : David Freestone
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1996-01-01

The Precautionary Principle And International Law The Challenge Of Implementation written by David Freestone and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.

Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.

The Precautionary Principle In Practice

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Author : Jacqueline Peel
language : en
Publisher: Federation Press
Release Date : 2005

The Precautionary Principle In Practice written by Jacqueline Peel and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

The precautionary principle puts forward the 'commonsense' notion that decision-makers should be cautious when assessing potential health or environmental harms in the absence of the full scientific facts. It is now a well-established tenet of environmental law. The debate has turned to its legal implementation, especially its application 'in practice'. The Precautionary Principle in Practice - Environmental decision-making and scientific uncertainty focuses on these issues. It considers how decision-makers can assess threats to health or the environment when the available scientific evidence is sparse and discusses the types of 'uncertainties' that bring the precautionary principle into play.Peel uses detailed case studies which examine the implementation of the precautionary principle in actual decision-making scenarios: fisheries management; risk assessment for genetically modified organisms; and environmental impact assessment for development applications. She demonstrates an approach that takes account of variable uncertainty issues and can be adapted to different circumstances to ensure a comprehensive assessment of the potential threats to health or the environment. Jackie Peel has a background in both science and law. She took a BSC/LLB with 1st class honours at the University of Queensland and holds an LLM from New York University where she studied in 1999-2000 as a Fulbright Scholar. She is now is a Senior Lecturer in the Faculty of Law, University of Melbourne.

The International Seabed Authority And The Precautionary Principle

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Author : Aline L. Jaeckel
language : en
Publisher: BRILL
Release Date : 2017-01-05

The International Seabed Authority And The Precautionary Principle written by Aline L. Jaeckel and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-05 with Law categories.

With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals. This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.

The Precautionary Principle In Biodiversity Conservation And Natural Resource Management

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Author : Rosie Cooney
language : en
Publisher: IUCN
Release Date : 2004

The Precautionary Principle In Biodiversity Conservation And Natural Resource Management written by Rosie Cooney and has been published by IUCN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.

The precautionary principle, or precautionary approach, is now widely accepted in environmental law and policy at international and, increasingly, national level. However, the principle remains highly controversial, its meaning contested, its acceptance and implementation inconsistent across sectors and contexts and its impacts unclear. This paper aims to inform and assist IUCN and its members in developing greater shared understanding of the meaning and implementation of the principle in the context of biodiversity conservation and natural resource management, respecting priorities of both conservation and sustainable development. It examines the meaning of the precautionary principle and its incorporation into biodiversity and resource management law and policy, and discusses a series of issues raised by its implementation in this sector for biodiversity conservation and for livelihoods and poverty alleviation.

Precaution In Practice

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Author : Joel A. Tickner
language : en
Publisher:
Release Date : 2000

Precaution In Practice written by Joel A. Tickner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Environmental management categories.

Implementing The Precautionary Principle

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Author : Nicolas de Sadeleer
language : en
Publisher: Routledge
Release Date : 2012-05-04

Implementing The Precautionary Principle written by Nicolas de Sadeleer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-04 with Political Science categories.

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

The Precautionary Principle In The Law Of The Sea

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Author : Simon Marr
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2003

The Precautionary Principle In The Law Of The Sea written by Simon Marr and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.

This text explores the state of affairs in 2003 regarding the implementation of the principle in the law of the sea in different areas: like, pollution of the marine environment, conservation and management of living marine resources and transboundary transports of radioactive and hazardous wastes.

Biosafety Measures Technology Risks And The World Trade Organization

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Author : Alessandra Guida
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-23

Biosafety Measures Technology Risks And The World Trade Organization written by Alessandra Guida and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-23 with Law categories.

This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms “a constructive bridge of knowledge” between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.