Implementing the Precautionary Principle


Book Description

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.




Implementing the Precautionary Principle


Book Description

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS







The Precautionary Principle in the 20th Century


Book Description

The precautionary principle is widely seen as fundamental to successful policies for sustainability. It has been cited in international courts and trade disputes between the USA and the EU, and invoked in a growing range of political debates. Understanding what it can and cannot achieve is therefore crucial. This volume looks back over the last century to examine the role the principle played or could have played, in a range of major and avoidable public disasters. From detailed investigation of how each disaster unfolded, what the impacts were and what measures were adopted, the authors draw lessons and establish criteria that could help to minimise the health and environmental risks of future technological, economic and policy innovations. This is an informative resource for all those from lawyers and policy-makers, to researchers and students needing to understand or apply the principle.




The Precautionary Principle in the Law of the Sea


Book Description

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.




Implementing the Precautionary Principle


Book Description

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS




Arbitrary and Capricious


Book Description

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




The Precautionary Principle in Practice


Book Description

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.




Precaution in Practice


Book Description




Precaution, Environmental Science, and Preventive Public Policy


Book Description

The "precautionary principle"—the idea that society should guard against potentially harmful activities even if some cause and effect relationships have not been fully established—has often been attacked for being unscientific. However leading scientists studying the issue have begun to make the case that the precautionary principle is in fact science based, and that it creates a need for more rigorous and transparent science in examining complex and uncertain environmental risks.Precaution, Environmental Science, and Preventive Public Policy is the first book to explore the role of science in developing a more precautionary approach to environmental and public health policy. The book brings together leading scientists, legal experts, philosophers, environmental health professionals, and environmentalists to offer a multi-disciplinary perspective on the controversial debate over science and precaution. The book:discusses the critical need for science in promoting sustainabilityoutlines the ethical imperative of a more precautionary science and the philosophical foundations of that new approachconsiders some of the ways in which the current conduct of environmental science works against precautionary policiesexamines how the role and use of science differs across cultures and political systemsprovides the components of an approach to environmental science that more effectively supports precautionary decisionsThe book also offers case studies that consider various types of uncertainty and sets forth a framework for evaluating and addressing uncertainty in decision-making.Contributors include Juan Almendares, Katherine Barrett, Kamaljit Bawa, Finn Bro-Rasmussen, Donald Brown, Theofanis Christoforou, Terry Collins, Barry Commoner, Carl Cranor, Stephen Dovers, David Gee, Elizabeth Guillette, Cato ten Hallers-Tjabbes, James Huff, Matthias Kaiser, Richard Levins, Mary O'Brien, Carolyn Raffensperger, Jerry Ravetz, Vandana Shiva, Boyce Thorne-Miller, Joe Thornton, Reginald Victor, and Alistair Woodward.Precaution, Environmental Science, and Preventive Public Policy presents a broad overview of the role of science in implementing the precautionary principle and makes a compelling case that science should be used not just to study problems but to develop solutions.