The Application Of The Precautionary Principle In Practice

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The Precautionary Principle in Practice

Author : Jacqueline Peel
Publisher : Federation Press
ISBN 13 : 9781862875197
Total Pages : 260 pages
Book Rating : 4.8/5 (751 download)

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Book Synopsis The Precautionary Principle in Practice by : Jacqueline Peel

Download or read book The Precautionary Principle in Practice written by Jacqueline Peel and published by Federation Press. This book was released on 2005 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Application of the Precautionary Principle in Practice

Author : Joakim Zander
Publisher : Cambridge University Press
ISBN 13 : 113949127X
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Application of the Precautionary Principle in Practice by : Joakim Zander

Download or read book The Application of the Precautionary Principle in Practice written by Joakim Zander and published by Cambridge University Press. This book was released on 2010-08-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Biodiversity and the Precautionary Principle

Author : Rosie Cooney
Publisher : Routledge
ISBN 13 : 1136570993
Total Pages : 338 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Biodiversity and the Precautionary Principle by : Rosie Cooney

Download or read book Biodiversity and the Precautionary Principle written by Rosie Cooney and published by Routledge. This book was released on 2012-05-16 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great uncertainty typically surrounds decisions and management actions in the conservation of biodiversity and natural resource management, and yet there are risks of serious and irreversible harm for both biodiversity and the humans that rely on it. The precautionary principle arguably underlies all international conservation efforts and promotes acting to avoid serious or irreversible environmental harm, despite lack of scientific certainty as to the likelihood, magnitude or cause of harm. This book is the first to examine the application of the precautionary principle to biodiversity conservation and natural resource management, incorporating perspectives from scientists, economists, lawyers and practitioners from both developing and developed countries. It analyses the application and impacts of the principle in many areas including forestry, invasive alien species, wildlife trade, protected areas and fisheries, in a range of national and international contexts. Particular attention is drawn to issues of equity, livelihoods, science and politics, and the book provides guidelines for applying the precautionary principle to biodiversity conservation and natural resource management.

Interpreting the Precautionary Principle

Author : Timothy O'Riordan
Publisher : Routledge
ISBN 13 : 1134165781
Total Pages : 316 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Interpreting the Precautionary Principle by : Timothy O'Riordan

Download or read book Interpreting the Precautionary Principle written by Timothy O'Riordan and published by Routledge. This book was released on 2013-07-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Precautionary Principle and International Law:The Challenge of Implementation

Author : David Freestone
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041101438
Total Pages : 294 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Precautionary Principle and International Law:The Challenge of Implementation by : David Freestone

Download or read book The Precautionary Principle and International Law:The Challenge of Implementation written by David Freestone and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Oxford Handbook of International Environmental Law

Author : Lavanya Rajamani
Publisher : Oxford University Press
ISBN 13 : 0192589032
Total Pages : 1104 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani

Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Precautionary Principle in Biodiversity Conservation and Natural Resource Management

Author : Rosie Cooney
Publisher : IUCN
ISBN 13 : 9782831708102
Total Pages : 68 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis The Precautionary Principle in Biodiversity Conservation and Natural Resource Management by : Rosie Cooney

Download or read book The Precautionary Principle in Biodiversity Conservation and Natural Resource Management written by Rosie Cooney and published by IUCN. This book was released on 2004 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Precautionary Politics

Author : Kerry H Whiteside
Publisher : MIT Press
ISBN 13 : 026226515X
Total Pages : 201 pages
Book Rating : 4.2/5 (622 download)

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Book Synopsis Precautionary Politics by : Kerry H Whiteside

Download or read book Precautionary Politics written by Kerry H Whiteside and published by MIT Press. This book was released on 2006-10-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle—which holds that action to address threats of serious or irreversible environmental harm should be taken even in the absence of scientific certainty—has been accepted as a key feature of environmental law throughout the European Union. In the United States, however, it is still widely unknown, and much of what has been written on the topic takes a negative view. Precautionary Politics provides a comprehensive analysis of the precautionary principle—its origins and development, its meaning and rationale, its theoretical context, and its policy implications. Kerry Whiteside looks at the application of the principle (and the controversies it has stirred) and compares European and American attitudes toward it and toward environmental regulation in general. Too often, Whiteside argues, American critics of the precautionary principle pay insufficient attention to how the principle has been debated, refined, and elaborated elsewhere. Precautionary Politics fills this gap. Whiteside demonstrates the different responses of Europe and the United States, first by describing the controversy over genetically modified crops, and then by using this example throughout the book to illustrate application of the precautionary principle in different contexts. He contrasts the European view that new types of risk require specially adapted modes of regulation with the American method of science-based risk assessment, and argues that despite Bush administration opposition, U.S.-European convergence on precaution is possible. Finally, he looks at the ways in which participatory innovation can help produce environmentally positive results. Whiteside's systematic defense of the precautionary principle will be an important resource for students, scholars, activists, and policymakers and is particularly suitable for classroom use.

Arbitrary and Capricious

Author : Gary Elvin Marchant
Publisher : American Enterprise Institute
ISBN 13 : 9780844741895
Total Pages : 112 pages
Book Rating : 4.7/5 (418 download)

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Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant

Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.

Precautionary Principle

Author : Indur M. Goklany
Publisher : Cato Institute
ISBN 13 : 1933995858
Total Pages : 135 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis Precautionary Principle by : Indur M. Goklany

Download or read book Precautionary Principle written by Indur M. Goklany and published by Cato Institute. This book was released on 2001-10-25 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "precautionary principle" -- the environmental version of the admonition first, do no harm -- is now enshrined in numerous international environmental agreements including treaties addressing global warming, biological diversity, and various pollutants. Some environmentalists have invoked this principle to justify policies to control, if not ban, any technology that cannot be proven to cause no harm. In this innovative book, Goklany shows that the current use of the precautionary principle to justify such policies is flawed and could be counterproductive because it ignores the possible calamities those very policies might simultaneously create or prolong. The precautionary principle, unfortunately, does not provide any method of resolving such dilemmas, which are commonplace in the field of environmental policy. To address that problem, Goklany develops a framework consistent with the precautionary principle to resolve such dilemmas. That framework ranks potential threats to the environment on the basis of their nature, magnitude, immediacy, uncertainty, persistence, and the extent to which they can be alleviated. Applying that framework to three contentious environmental policy issues facing humanity and the globe -- DDT, bioengineered crops, and global warming -- Goklany shows that some popular policy prescriptions, despite good intentions, are in fact likely to do more harm than good.

Information Resources in Toxicology, Volume 1: Background, Resources, and Tools

Author : Steve Gilbert
Publisher : Academic Press
ISBN 13 : 0128137258
Total Pages : 1055 pages
Book Rating : 4.1/5 (281 download)

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Book Synopsis Information Resources in Toxicology, Volume 1: Background, Resources, and Tools by : Steve Gilbert

Download or read book Information Resources in Toxicology, Volume 1: Background, Resources, and Tools written by Steve Gilbert and published by Academic Press. This book was released on 2020-05-16 with total page 1055 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new fifth edition of Information Resources in Toxicology offers a consolidated entry portal for the study, research, and practice of toxicology. Both volumes represents a unique, wide-ranging, curated, international, annotated bibliography, and directory of major resources in toxicology and allied fields such as environmental and occupational health, chemical safety, and risk assessment. The editors and authors are among the leaders of the profession sharing their cumulative wisdom in toxicology’s subdisciplines. This edition keeps pace with the digital world in directing and linking readers to relevant websites and other online tools. Due to the increasing size of the hardcopy publication, the current edition has been divided into two volumes to make it easier to handle and consult. Volume 1: Background, Resources, and Tools, arranged in 5 parts, begins with chapters on the science of toxicology, its history, and informatics framework in Part 1. Part 2 continues with chapters organized by more specific subject such as cancer, clinical toxicology, genetic toxicology, etc. The categorization of chapters by resource format, for example, journals and newsletters, technical reports, organizations constitutes Part 3. Part 4 further considers toxicology’s presence via the Internet, databases, and software tools. Among the miscellaneous topics in the concluding Part 5 are laws and regulations, professional education, grants and funding, and patents. Volume 2: The Global Arena offers contributed chapters focusing on the toxicology contributions of over 40 countries, followed by a glossary of toxicological terms and an appendix of popular quotations related to the field. The book, offered in both print and electronic formats, is carefully structured, indexed, and cross-referenced to enable users to easily find answers to their questions or serendipitously locate useful knowledge they were not originally aware they needed. Among the many timely topics receiving increased emphasis are disaster preparedness, nanotechnology, -omics, risk assessment, societal implications such as ethics and the precautionary principle, climate change, and children’s environmental health. Introductory chapters provide a backdrop to the science of toxicology, its history, the origin and status of toxicoinformatics, and starting points for identifying resources Offers an extensive array of chapters organized by subject, each highlighting resources such as journals, databases,organizations, and review articles Includes chapters with an emphasis on format such as government reports, general interest publications, blogs, and audiovisuals Explores recent internet trends, web-based databases, and software tools in a section on the online environment Concludes with a miscellany of special topics such as laws and regulations, chemical hazard communication resources, careers and professional education, K-12 resources, funding, poison control centers, and patents Paired with Volume Two, which focuses on global resources, this set offers the most comprehensive compendium of print, digital, and organizational resources in the toxicological sciences with over 120 chapters contributions by experts and leaders in the field

Implementing the Precautionary Principle

Author : Elizabeth Charlotte Fisher
Publisher : Edward Elgar Publishing
ISBN 13 : 1847201679
Total Pages : 353 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Implementing the Precautionary Principle by : Elizabeth Charlotte Fisher

Download or read book Implementing the Precautionary Principle written by Elizabeth Charlotte Fisher and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Environmental Principles

Author : Nicolas de Sadeleer
Publisher : Oxford University Press
ISBN 13 : 0192582674
Total Pages : 593 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Environmental Principles by : Nicolas de Sadeleer

Download or read book Environmental Principles written by Nicolas de Sadeleer and published by Oxford University Press. This book was released on 2020-10-30 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

The Precautionary Principle in Marine Environmental Law

Author : Bénédicte Sage-Fuller
Publisher : Routledge
ISBN 13 : 1135020019
Total Pages : 297 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Precautionary Principle in Marine Environmental Law by : Bénédicte Sage-Fuller

Download or read book The Precautionary Principle in Marine Environmental Law written by Bénédicte Sage-Fuller and published by Routledge. This book was released on 2013-07-18 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Risk Regulation in Europe

Author : Jale Tosun
Publisher : Springer Science & Business Media
ISBN 13 : 1461419840
Total Pages : 113 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Risk Regulation in Europe by : Jale Tosun

Download or read book Risk Regulation in Europe written by Jale Tosun and published by Springer Science & Business Media. This book was released on 2012-11-05 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Philosophy and the Precautionary Principle

Author : Daniel Steel
Publisher : Cambridge University Press
ISBN 13 : 1107078164
Total Pages : 273 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Philosophy and the Precautionary Principle by : Daniel Steel

Download or read book Philosophy and the Precautionary Principle written by Daniel Steel and published by Cambridge University Press. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science.

The Precautionary Principle in EU Risk Regulation

Author : Barbara Berthoud
Publisher : Anchor Academic Publishing (aap_verlag)
ISBN 13 : 3954897202
Total Pages : 84 pages
Book Rating : 4.9/5 (548 download)

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Book Synopsis The Precautionary Principle in EU Risk Regulation by : Barbara Berthoud

Download or read book The Precautionary Principle in EU Risk Regulation written by Barbara Berthoud and published by Anchor Academic Publishing (aap_verlag). This book was released on 2014-07-18 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.