The Role Of The Precautionary Principle In Eu Risk Regulation
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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.
The Role Of The Precautionary Principle In Eu Risk Regulation
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Author : Barbara Berthoud
language : en
Publisher:
Release Date : 2014-02
The Role Of The Precautionary Principle In Eu Risk Regulation written by Barbara Berthoud and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with categories.
Master's Thesis from the year 2013 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 360 of 400 credits "very good," University of St. Gallen, course: European and International Business Law, language: English, abstract: The Precautionary Principle (hereinafter PP) 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 PP is considered to be one of the most controversial principles and attracted much scholarly attention. Despite the vast array of books and shorter articles about the topic, less documents are available that are not limited to a single aspect of the principle or if discussing several aspects do not fill a whole book. While the present thesis will also not be able to cover all aspects on a limited amount of pages, it nevertheless should allow readers to gain an overview of all essential points linked with the role of the PP in the framework of risk regulation in the European Union (EU). To begin with the most important, the principle is introduced by describing its main characteristics. As these are heavily dependent on those who breathe life into the principle, the characteristics the EU assigned to it shall form the centerpiece of the first part of this paper. Based on this clarification, allegations brought against the PP are critically assessed. In the second part of the thesis, the focus is shifted to the actual application of the PP in EU risk regulation. After shedding light on the origins of the principle in EU risk regulation, 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. The thesis concludes with
Risk Regulation In Europe
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Author : Jale Tosun
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-11-05
Risk Regulation In Europe written by Jale Tosun and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-05 with Political Science categories.
The publication aims to familiarize students of public policy with the precautionary principle, which plays a vital role in the European Union’s approach toward regulating risks. The precautionary principle contends that policy makers should refrain from actions having a suspected risk of causing harm to the public and/or the environment. However, the precautionary principle only provides guidance to policy makers but does not prescribe specific policy responses. Therefore, there should be variation in the way the principle is applied. Furthermore, precautionary measures are, in principle, of a provisional nature, suggesting that they are likely to be subject to changes over time. This book is thus interested in shedding light on how the precautionary principle is put into practice and to what extent precautionary measures become modified. Empirically, it focuses on how the EU has regulated the use of growth hormones in meat production, the cultivation of genetically modified corn and the use of Stevia-based sweeteners in foods and beverages. The main theoretical argument advanced by this study is that the way in which the original regulatory standards were formulated affects whether and how they are changed. By placing particular emphasis on the relevance of scientific evidence for the (re-)definition of precautionary measures, the book is expected to appeal to both academics and practitioners.
The Reality Of Precaution
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Author : James Hammit
language : en
Publisher: Routledge
Release Date : 2013-05-13
The Reality Of Precaution written by James Hammit 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.
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 And Eu Law
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Author : Hans-W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25
Risk And Eu Law written by Hans-W. Micklitz 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 2015-09-25 with Business & Economics categories.
Risk and EU Law considers the multiple reasons for the increase in the types and diversity of risks, as well as the potential magnitude of their undesirable effects. The book identifies such reasons as; the openness of liberal societies; market competition; the constant endeavour to innovate; as well as globalization and the impact of new technologies. It also explores topics surrounding the social epistemology of risk observation and management, the role of science in political and judicial decision-making and transnational risk regulation and contractual governance.
Regulating Food Law
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Author : Anna Szajkowska
language : en
Publisher: BRILL
Release Date : 2023-09-04
Regulating Food Law written by Anna Szajkowska and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-04 with Law categories.
Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.
Risk Regulation In The Internal Market
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Author : Maria Weimer
language : en
Publisher: Oxford University Press
Release Date : 2019-03-19
Risk Regulation In The Internal Market written by Maria Weimer 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 2019-03-19 with Law categories.
This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.
Regulating Risks In The European Union
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Author : Maria Weimer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
Regulating Risks In The European Union written by Maria Weimer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.
The Politics Of Precaution
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Author : David Vogel
language : en
Publisher: Princeton University Press
Release Date : 2012-04-29
The Politics Of Precaution written by David Vogel and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-29 with History categories.
The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business.