Rethinking the Precautionary Principle and Its Role in Climate Change Policy
Author : Lauren Carlton Hartzell
Publisher :
Page : 228 pages
File Size : 33,43 MB
Release : 2009
Category :
ISBN :
Rethinking Risk and the Precautionary Principle
Author : Julian Morris
Publisher : Butterworth-Heinemann
Page : 318 pages
File Size : 28,19 MB
Release : 2000-10-03
Category : Business & Economics
ISBN : 0750646837
Book Description
Rethinking Risk and the Precautionary Principle challenges the claim that the precautionary principle is an appropriate guide to public policy decision-making in the face of uncertainty. The precautionary principle is frequently invoked as a justification for regulating human activities. From bans on the use of growth hormones in cattle to restrictions on children's playground activities, precautionary thinking seems to be taking over our lives. As the contributors to this book show, such an approach is of dubious utility and may even be counterproductive. This is a timely and important contribution to the debate on how to manage risk in the modern world. The editor, Julian Morris, is Director of the Environment and Technology Programme at the Institute of Economic Affairs in London. He has written widely on issues relating to environmental protection and technological development. Up to date discussion of current issues and scientific controversies Challenges the claim that the 'precautionary principle' is an appropriate guide to public policy decisions
An Inconvenient Deliberation
Author : Miriam Haritz
Publisher : Kluwer Law International B.V.
Page : 488 pages
File Size : 42,20 MB
Release : 2011-05-27
Category : Law
ISBN : 9041142703
Book Description
There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
Philosophy and the Precautionary Principle
Author : Daniel Steel
Publisher : Cambridge University Press
Page : 273 pages
File Size : 33,61 MB
Release : 2015
Category : Business & Economics
ISBN : 1107078164
Book Description
This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science.
The Precautionary Principle Relevance in International law and Climate Change
Author : Rabbi Deloso
Publisher : GRIN Verlag
Page : 54 pages
File Size : 15,15 MB
Release : 2007-01-25
Category : Nature
ISBN : 3638585808
Book Description
Master's Thesis from the year 2005 in the subject Environmental Sciences, grade: Pass with Honours, Lund University (LUMES), course: Environmental Science, language: English, abstract: The precautionary principle is an old concept with a new character. Threats of harm, since the early days of civilization, were confronted by taking some form of precaution. Throughout history, the concept of precaution provided humans with the moral right to avoid potential harm or damage to his health and his environment despite lack of certainty of its occurrence. Today, the precautionary principle is a common legal concept in national and international regulatory policies. In a nutshell, it means that if there is threat or risk of serious or irreversible damage to human health or the environment, precautionary actions must be taken even though there is lack of full certainty surrounding the issue. This paper looks at the concept of precaution in the framework of international law. The precautionary principle is particularly applied in the current global effort to address climate change. Despite many uncertainties about the science and impacts of the global warming phenomenon, leaders of the global community, adopted the precautionary principle, instead of the traditional reactive wait-and-see approach, in the climate regime. Although criticized by many for its shortcomings and its marginal position in the practical sense, this paper looks at the legal validity of the precautionary principle based on its sources, rather than its merits. In other words, this thesis looks at the concept of precaution and examines it in the lens of the contemporary international legal system. The first part of this thesis endeavours to understand better the precautionary principle under international conventional law. Influenced by systems approach, this paper particularly analyzed the principle’s relevance with the climate change issue. Guided by the legal positivist approach, the first part argues that the precautionary principle is a significant doctrine in international conventional law. The thesis also examines the precautionary principle in the context of international customary law.
A Climate of Risk
Author : Lauren Hartzell-Nichols
Publisher : Routledge
Page : 330 pages
File Size : 37,43 MB
Release : 2017-04-07
Category : Political Science
ISBN : 1315309319
Book Description
We are living in a climate of risk. Our way of life imposes risks on ourselves and others. We are causing climatic changes that have the potential to change radically the conditions under which both we – the present generation – and future generations will live. While we are now quite certain that climate change is happening, we are unsure of exactly what will happen and when, given different emissions and policy scenarios. We are therefore in a position where we must decide what to do about the risks climate change threatens in the face of a range of uncertainties In this book, Lauren Hartzell-Nichols provides guidance in the face of this uncertainty by offering an in-depth discussion of how and why we ought to take a precautionary approach to climate policy, namely by appeal to a Catastrophic Precautionary Principle and Catastrophic Precautionary Decision-Making Framework. By examining the way in which climate change is harmful, Hartzell-Nichols shows how precaution does have a meaningful role to play in moving climate policy forward if we reconsider what precaution is about before too quickly appealing to precaution as a reason or justification for action. A Climate of Risk takes a philosophically grounded, interdisciplinary approach that will appeal to a broad scholarly and policy-oriented audience. Hartzell-Nichols’s reinterpretation of the precautionary principle enables precaution to be more effectively leveraged as a driver of action on climate change.
Implementing the Precautionary Principle
Author : Elizabeth Charlotte Fisher
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 48,59 MB
Release : 2006-01-01
Category : Political Science
ISBN : 1847201679
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.
Interpreting the Precautionary Principle
Author : Timothy O'Riordan
Publisher : Routledge
Page : 328 pages
File Size : 17,10 MB
Release : 1994
Category : Business & Economics
ISBN :
Book Description
First Published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.
Arbitrary and Capricious
Author : Gary Elvin Marchant
Publisher : American Enterprise Institute
Page : 112 pages
File Size : 24,32 MB
Release : 2004
Category : Business & Economics
ISBN : 9780844741895
Book Description
This study examines how the European Union has used the precautionary principle in legal decisions.
Information Resources in Toxicology, Volume 1: Background, Resources, and Tools
Author : Steve Gilbert
Publisher : Academic Press
Page : 1055 pages
File Size : 32,74 MB
Release : 2020-05-16
Category : Medical
ISBN : 0128137258
Book Description
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
