The Perils Of The Precautionary Principle


The Perils Of The Precautionary Principle
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The Perils Of The Precautionary Principle


The Perils Of The Precautionary Principle
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Author : John David Graham
language : en
Publisher:
Release Date : 2004

The Perils Of The Precautionary Principle written by John David Graham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Environmental risk assessment categories.




Arbitrary And Capricious


Arbitrary And Capricious
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Author : Gary Elvin Marchant
language : en
Publisher: American Enterprise Institute
Release Date : 2004

Arbitrary And Capricious written by Gary Elvin Marchant and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.


This study examines how the European Union has used the precautionary principle in legal decisions.



The Precautionary Principle In Eu Risk Regulation


The Precautionary Principle In Eu Risk Regulation
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Author : Barbara Berthoud
language : en
Publisher: Anchor Academic Publishing (aap_verlag)
Release Date : 2014-07-18

The Precautionary Principle In Eu Risk Regulation written by Barbara Berthoud and has been published by Anchor Academic Publishing (aap_verlag) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Political Science categories.


The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.



Implementing The Precautionary Principle


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.



The Precautionary Principle In The Law Of The Sea


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.



The Precautionary Principle In Practice


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.



Environmental Law And Ethics


Environmental Law And Ethics
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Author : John Alder
language : en
Publisher: Palgrave
Release Date : 1999-02-22

Environmental Law And Ethics written by John Alder and has been published by Palgrave this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-02-22 with Law categories.


Do we owe our duties to future generations? Do animals have rights? Should nature be respected for its own sake or only as a resource for human use? These questions and others are explored in the book, which takes a fresh approach by exploring environmental law in the context of ethical ideas. Written in an accessible style and including many case studies, Environmental Law and Ethics is a concise text not only for students of law and related courses but also for all who are interested in environmental matters.



The Ethics Of Precaution


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.



The Precautionary Principle In Marine Environmental Law


The Precautionary Principle In Marine Environmental Law
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Author : Bénédicte Sage-Fuller
language : en
Publisher: Routledge
Release Date : 2013-07-18

The Precautionary Principle In Marine Environmental Law written by Bénédicte Sage-Fuller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.


The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.



The Application Of The Precautionary Principle In Practice


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.