Legislating For Risk And Precaution
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Legislating For Risk And Precaution
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Author : Robert Black
language : en
Publisher: CRC Press
Release Date : 2025-07-21
Legislating For Risk And Precaution written by Robert Black and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-21 with Law categories.
This book aims to demystify the law for scientists and instructing officials by exploring the science and legal concepts of risk and precaution for national legislation to facilitate safe trade in agricultural products (in compliance with international trade rules). The book is not meant to supplant the many authoritative titles on legislative drafting, but provide some practical exercises on instructions and drafting for this area of law. The book also includes some important factors in legal reform, such as the audience for and access to legislation. It, therefore, has the potential to be a valuable resource for coordinated training of instructors and drafters by helping to secure a robust two-way dialogue between them.
Legislating For Risk And Precaution
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Author : Robert Black
language : en
Publisher: CRC Press
Release Date : 2025
Legislating For Risk And Precaution written by Robert Black and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with Business & Economics categories.
"The book will examine, and offers solutions to amend, the mutual misunderstanding and distrust between instructing ministry officials and legislative that may occur in some jurisdictions in the drafting of legislation on biosecurity (regulation of agriculture, food safety and natural resource protection). Such difficulties in achieving effective legislation are particularly evident in developing countries because of human resource constraints, while development partners assisting with legislative reform may fail to appreciate the importance of robust dialogues between instructors and drafters. The book starts with an introduction to legislation and an overview of the various scientific disciplines and legislative domains covered. It then addresses key scientific concepts related to biosecurity that must be properly understood by lawyers for development of effective legislation. Central to this analysis are concept involving risk of harm from hazardous organisms such as pests and pathogens that damage crops, natural biodiversity and harmful chemicals in food or that pollute the environment. Such concepts are the key to understanding the legislative requirements for biosecurity and the facilitation of safely traded goods. An example will be an explanation of how maximum residues limits for pesticides are developed to achieve realistic food safety standards. Along the way, the authors use their unique combination of scientific, educational and training, and drafting experience across four continents to illustrate the features in different jurisdictions across the globe with varied legislative culture and norms. By no means aiming to provide an authoritative technical guide to drafting, many of which are already available, the book does conclude with a detailed insight to drafting and legislative processes to help professionals on both sides of the 'drafting divide' develop good legislation. The importance of fully utilising a repetitive cycle of instructions and drafting is emphasised"--
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 Reality Of Precaution
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Author : Jonathan B. Wiener
language : en
Publisher: Routledge
Release Date : 2013-05-13
The Reality Of Precaution written by Jonathan B. Wiener and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-13 with Law categories.
The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.
Risk Analysis And Governance In Eu Policy Making And Regulation
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Author : Bernardo Delogu
language : en
Publisher: Springer
Release Date : 2016-05-02
Risk Analysis And Governance In Eu Policy Making And Regulation written by Bernardo Delogu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with Political Science categories.
This book provides an easy, but comprehensive and rigorous access to the main concepts, terminology, methods and procedures of risk analysis intended for all those involved in the EU policy and regulatory decision making on risks. It establishes a common ground of knowledge which enables a more informed dialogue on risks, a closer collaboration between decision makers and scientists and a better appraisal of the potential and limits of risk science. The book also brings together in an accessible way much multidisciplinary knowledge which had been dispersed over many technical documents and specialist books. The EU is in the front line of health, safety and environmental risk management. GMOs, food safety, hazardous chemicals, climate change, radiation hazards, are just a few of the popular risk issues addressed by the EU through policy and regulatory measures. The risk analysis paradigm, including risk assessment, management and communication has been at the core of the EU decision making for a long time already. EU Institutions strive for a science-based approach to risk management. Nevertheless, the dialogue and collaboration on risk issues between policy makers, stakeholders and scientists are still difficult and the potential and limits of science in support of decision making, as well as the basic concepts of risk analysis are not fully understood outside the narrow specialist circles.
The Precautionary Principle In Environmental Law Neither Arbitrary Nor Capricious If Interpreted With Equilibrium
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Author : Luciano Butti
language : en
Publisher: Giuffrè Editore
Release Date : 2007
The Precautionary Principle In Environmental Law Neither Arbitrary Nor Capricious If Interpreted With Equilibrium written by Luciano Butti and has been published by Giuffrè Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Laws Of Fear
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Author : Cass R. Sunstein
language : en
Publisher: Cambridge University Press
Release Date : 2005-03-31
Laws Of Fear written by Cass R. Sunstein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-31 with Law categories.
Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism,' designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security."--BOOK JACKET.
The Ethics Of Precaution
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Author : Levente Szentkirályi
language : en
Publisher: Routledge
Release Date : 2019-11-22
The Ethics Of Precaution written by Levente Szentkirályi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-22 with Political Science categories.
There are thousands of substances manufactured in the United States to which the public is routinely exposed and for which toxicity data are limited or absent. Some insist that uncertainty about the severity of potential harm justifies implementing precautionary regulations, while others claim that uncertainty justifies the absence of regulations until sufficient evidence confirms a strong probability of severe harm. In this book, Levente Szentkirályi overcomes this impasse in his defense of precautionary environmental risk regulation by shifting the focus from how to manage uncertainty to what it is we owe each other morally. He argues that actions that create uncertain threats wrongfully gamble with the welfare of those who are exposed and neglect the reciprocity that our equal moral standing demands. If we take the moral equality and rights of others seriously, we have a duty to exercise due care to strive to prevent putting them in possible harm’s way. The Ethics of Precaution will be of great interest to researchers, educators, advanced students, and practitioners working in the fields of environmental political theory, ethics of risk, and environmental policy.
Interpreting The Precautionary Principle
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Author : Timothy O'Riordan
language : en
Publisher: Routledge
Release Date : 2013-07-04
Interpreting The Precautionary Principle written by Timothy O'Riordan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Business & Economics categories.
Viewed from the perspective of environmental management, this study describes the implications and applications of the precautionary principle - a theory of avoiding risk even when its likelihood seems remote. This principle has been employed in the United Nations Framework Convention on Climate Change and the North Atlantic Convention, yet it is not widely understood. This study examines the history and context of the principle, and its applications to law, governmental policies, business and investment, scientific research and international relations.
Understanding And Applying The Precautionary Principle In The Energy Transition
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2023-06-30
Understanding And Applying The Precautionary Principle In The Energy Transition written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-30 with categories.
The precautionary principle has been an important aspect of regulatory delivery for nearly four decades. Now widely applied and with a global reach, the principle is often invoked whenever the scientific evidence surrounding the safety of a given technology is not conclusive. It is often applied where a safety risk is known to exist, but the probability and magnitude of harm are uncertain or unknown.