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Science And Risk Regulation In International Law
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Book Synopsis Science and Risk Regulation in International Law by : Jacqueline Peel
Download or read book Science and Risk Regulation in International Law written by Jacqueline Peel and published by Cambridge University Press. This book was released on 2010-11-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
Book Synopsis The Reality of Precaution by : Jonathan Baert Wiener
Download or read book The Reality of Precaution written by Jonathan Baert Wiener and published by Routledge. This book was released on 2011 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis The Constitution of Risk by : Adrian Vermeule
Download or read book The Constitution of Risk written by Adrian Vermeule and published by Cambridge University Press. This book was released on 2014 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
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.
Book Synopsis Risk and the Regulation of Uncertainty in International Law by : Mónika Ambrus
Download or read book Risk and the Regulation of Uncertainty in International Law written by Mónika Ambrus and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is a system of rules and principles that regulates behaviour between international actors in the present, but is based on what is expected to happen in the future. This book explores how risk and uncertainty are imagined, articulated, and managed across the various fields of international law.
Book Synopsis Asian Yearbook of International Law by : B.S. Chimni
Download or read book Asian Yearbook of International Law written by B.S. Chimni and published by Routledge. This book was released on 2013-03-05 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations of special relevance to Asia; and book review, bibliography and documents sections. This volume offers Asian perspectives on topics including : treaty-making power in China; the crime of aggression, illegal fishing and the destruction of environment in armed conflicts.
Book Synopsis International Law in Financial Regulation and Monetary Affairs by : Thomas Cottier
Download or read book International Law in Financial Regulation and Monetary Affairs written by Thomas Cottier and published by Oxford University Press. This book was released on 2012-10-04 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
Book Synopsis Strengthening a Workforce for Innovative Regulatory Science in Therapeutics Development by : Institute of Medicine
Download or read book Strengthening a Workforce for Innovative Regulatory Science in Therapeutics Development written by Institute of Medicine and published by National Academies Press. This book was released on 2012-04-04 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development and application of regulatory science - which FDA has defined as the science of developing new tools, standards, and approaches to assess the safety, efficacy, quality, and performance of FDA-regulated products - calls for a well-trained, scientifically engaged, and motivated workforce. FDA faces challenges in retaining regulatory scientists and providing them with opportunities for professional development. In the private sector, advancement of innovative regulatory science in drug development has not always been clearly defined, well coordinated, or connected to the needs of the agency. As a follow-up to a 2010 workshop, the IOM held a workshop on September 20-21, 2011, to provide a format for establishing a specific agenda to implement the vision and principles relating to a regulatory science workforce and disciplinary infrastructure as discussed in the 2010 workshop.
Book Synopsis Non-Legality in International Law by : Fleur Johns
Download or read book Non-Legality in International Law written by Fleur Johns and published by Cambridge University Press. This book was released on 2013-01-03 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers typically start with the legal. What is a legal as opposed to a political question? How should international law adapt to the unforeseen? These are the routes by which international lawyers typically reason. This book begins, instead, with the non-legal. In a series of case studies, Fleur Johns examines what international lawyers cast outside or against law - as extra-legal, illegal, pre-legal or otherwise non-legal - and how this comes to shape political possibility. Non-legality is not merely the remainder of regulatory action. It is a key structuring device of contemporary global order. Constructions of non-legality are pivotal to debate in areas ranging from torture to foreign investment and from climate change to natural disaster relief. Understandings of non-legality inform what international lawyers today do and what they refrain from doing. Tracing and potentially reimagining the non-legal in international legal work is, accordingly, both vital and pressing.
Book Synopsis Transnational Narratives and Regulation of GMO Risks by : Giulia Claudia Leonelli
Download or read book Transnational Narratives and Regulation of GMO Risks written by Giulia Claudia Leonelli and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative insight into the regulatory conundrum of genetically modified organisms (GMOs), deploying transnational legal analysis as a methodological framework to explore the most controversial area of risk governance. The book deconstructs hegemonic and counter-hegemonic transnational narratives on the governance of GMO risks, cutting across US law, EU law, the WTO Agreement on Sanitary and Phytosanitary Measures, and hybrid standard-setting regimes. Should uncertain risks be run unless adverse effects have been conclusively established, and should regulators only act where this is cost-benefit effective? Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? How can intractable transnational regulatory conflicts be solved? The book complements a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation. The GMO deadlock thus becomes a lens through which to investigate the underlying value systems, goals, and impacts of transnational discourses on risk governance. Against this backdrop, the normative strand of analysis points to the limited ability of science and procedural deliberation to generate authentic agreement and to identify normatively legitimate solutions, in the absence of pre-existing shared perspectives.
Book Synopsis OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk by : OECD
Download or read book OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk written by OECD and published by OECD Publishing. This book was released on 2010-04-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.
Book Synopsis Science and Technology in International Economic Law by : Bryan Mercurio
Download or read book Science and Technology in International Economic Law written by Bryan Mercurio and published by Routledge. This book was released on 2013-12-13 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.
Book Synopsis Secondary Rules of Primary Importance in International Law by : Gábor Kajtár
Download or read book Secondary Rules of Primary Importance in International Law written by Gábor Kajtár and published by Oxford University Press. This book was released on 2022-10-31 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
Book Synopsis Public Health in International Investment Law and Arbitration by : Valentina Vadi
Download or read book Public Health in International Investment Law and Arbitration written by Valentina Vadi and published by Routledge. This book was released on 2013 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.
Book Synopsis Trade and Environmental Law by : Panos Delimatsis and Leonie Reins
Download or read book Trade and Environmental Law written by Panos Delimatsis and Leonie Reins and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.
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.
Book Synopsis The Contestation of Expertise in the European Union by : Vigjilenca Abazi
Download or read book The Contestation of Expertise in the European Union written by Vigjilenca Abazi and published by Springer Nature. This book was released on 2020-11-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the position and role of expertise in European policy-making and governance. At a time when the very notion of expertise and expert advice is increasingly losing authority, the book addresses these challenges by empirically examining specific administrative processes and institutional designs in the European Union. The first part of the volume theorizes expertise and its contestation by examining accounts of the legitimate institutional design of knowledge production processes and exploring the theoretical links of Europeanisation and expertise. The second part of the book delves into empirical institutionalist accounts of expertise and maps the role of experts in a variety of EU institutions but also explains the implications when EU bodies themselves are in an ‘expert’ position, such as agencies. The book offers insights into how individual experts deal with the challenge of producing reports that will be heard by policy-makers, while at the same time preserving their independence. Broadening its scope, the book then expands the analysis to the role of advisory committees in light of the shift from a reliance primarily on in-house expertise to including more external experts in advisory groups in the European Commission and European Parliament as well as at the European External Action. In the third part, the book opens the lens to developments beyond the EU by taking into account two highly pertinent fields: climate change and trade. These fields are highly complex, fast-developing, and politicised issues, and the book engages with them in order to provide an outside-in perspective on expertise. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
