The Application Of The Precautionary Principle In Practice
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The Application Of The Precautionary Principle In Practice
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Author : Joakim Zander
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-19
The Application Of The Precautionary Principle In Practice written by Joakim Zander 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 2010-08-19 with Law categories.
This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.
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 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.
The Oxford Handbook Of International Environmental Law
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Author : Lavanya Rajamani
language : en
Publisher: Oxford University Press
Release Date : 2021-08-06
The Oxford Handbook Of International Environmental Law written by Lavanya Rajamani and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-06 with Law categories.
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
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.
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.
Evolution And Status Of The Precautionary Principle In International Law
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Author : Arie Trouwborst
language : en
Publisher: Springer
Release Date : 2002-02-27
Evolution And Status Of The Precautionary Principle In International Law written by Arie Trouwborst and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-27 with Law categories.
The controversial question of whether or not at present the precautionary principle is to be considered a norm of customary international law is the key theme of this work, which treats the issue as part of a broader discussion of the principle's legal status on the international plane. This discussion, In turn, Is put in perspective by an account of the short but remarkable history of the principle in international environmental law and policy. The greater part of this study consists of the mapping and analysis of state practice in respect of the precautionary principle. Pertinent treaties, declarations, decisions of international organizations and domestic instruments pass in review. The book then applies the generally accepted principles governing the formation of customary international law to this body of state practice. This manuscript was awarded the François Prize 2001 by the Netherlands Society of International Law / Netherlands Branch of the ILA. `[The precautionary principle] has been cited in an increasing number of legal proceedings, including those in the International Court of Justice, The International Tribunal For The Law of the Sea And The WTO Appellate Body, As well as in the courts of a large number of states, including the supreme courts of India and Canada.' (from the Preface by the Series Editors)
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.
Philosophy And The Precautionary Principle
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Author : Daniel Steel
language : en
Publisher: Cambridge University Press
Release Date : 2015
Philosophy And The Precautionary Principle written by Daniel Steel 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 2015 with Business & Economics categories.
This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science.
Environmental Principles
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Author : Nicolas de Sadeleer
language : en
Publisher:
Release Date : 2020
Environmental Principles written by Nicolas de Sadeleer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
With more states paying heed to environmental principles as catalysts for improving their environmental law, this book traces the evolution of environmental principles from their origins to their embodiment in enforceable laws. This edition will integrate to a greater extent the relationship between environmental principles and human rights.