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The Application of the Precautionary Principle in Practice

The Application of the Precautionary Principle in Practice Author Joakim Zander
ISBN-10 9781139491273
Release 2010-08-19
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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.

The Precautionary Principle in Practice

The Precautionary Principle in Practice Author Jacqueline Peel
ISBN-10 1862875197
Release 2005-01
Pages 244
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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.

Implementing the Precautionary Principle

Implementing the Precautionary Principle Author Elizabeth Charlotte Fisher
ISBN-10 9781847201676
Release 2006-01-01
Pages 336
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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.

Biodiversity and the Precautionary Principle

Biodiversity and the Precautionary Principle Author Barney Dickson
ISBN-10 9781849770583
Release 2012
Pages 337
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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.

Applying the Precautionary Principle

Applying the Precautionary Principle Author Adrian Deville
ISBN-10 1862872031
Release 1997-01
Pages 79
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The Australian Environmental Review says about this book:'... Applying the Precautionary Principle is a step-by-step guide to the practice. ... included [are] numerous worked examples of the precautionary principle at work to further enhance the understanding of the concept. ... ideal for environmental planning and development decision makers in both public and private sectors, students who increasingly need to set their technical and professional education in the context of ecologically sustainable development and community groups and lobbyists who want an understanding of the principle, how it can be applied and its potential influence on decision makers.'

Precautionary Politics

Precautionary Politics Author Kerry H. Whiteside
ISBN-10 9780262265157
Release 2006-10-06
Pages 208
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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.

Risk Regulation in Europe

Risk Regulation in Europe Author Jale Tosun
ISBN-10 9781461419846
Release 2012-11-05
Pages 102
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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.

Protecting Public Health and the Environment

Protecting Public Health and the Environment Author Carolyn Raffensperger
ISBN-10 1559636882
Release 1999-06-01
Pages 385
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The movement toward creating more sustainable communities has been growing for decades, and in recent years has gained new prominence with theincreasing visibility of planning approaches such as the New Urbanism. Yet there are few examples of successful and time-tested sustainable communities.Village Homes outside of Davis, California offers one such example. Built between 1975 and 1981 on 60 acres of land, it offers unique features including extensive common areas and green space; community gardens, orchards, and vineyards; narrow streets; pedestrian and bike paths; solar homes; and an innovative ecological drainage system. Authors Michael and Judy Corbett were intimately involved with the design, development, and building of Village Homes, and have resided there since 1977.In Designing Sustainable Communities, they examine the history of the sustainable community movement and discuss how Village Homes fits into the context of that movement. They offer an inside look at the development of the project from start to finish, describing how the project came about, obstacles that needed to be overcome, design approaches they took, problems that were encountered and how those problems were solved, and changes that have occurred over the years. In addition, they compare Village Homes with other communities and developments across the country, and discuss the future prospects for the continued growth of the sustainable communities movement.The book offers detailed information on a holistic approach to designing and building successful communities. It represents an invaluable guide for professionals and students involved with planning, architecture, development, and landscape architecture, and for anyone interested increating more sustainable communities.

Perspectives on the Precautionary Principle

Perspectives on the Precautionary Principle Author Elizabeth C. Fisher
ISBN-10 1862873186
Release 1999-01
Pages 320
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Perspectives offers the Australian experience in environmental management, influenced by challenges arising from an economy which is strongly natural resource based, operating in ecosystems which are acknowledged as both sensitive and unique and which rank Australia as the only developed nation among the 12 'mega-diverse' (in terms of biodiversity) regions of the world. Whilst covering a range of disciplinary and management perspectives, Perspectives is especially strong in the legal, science and risk-uncertainty areas. It will be of interest to academics, and tertiary level students from a wide range of disciplines - law, science, economics, engineering, social science and policy and political science.

Interpreting the Precautionary Principle

Interpreting the Precautionary Principle Author Timothy O'Riordan
ISBN-10 9781134165780
Release 2013-07-04
Pages 316
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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

The Precautionary Principle and International Law The Challenge of Implementation Author David Freestone
ISBN-10 9789041101433
Release 1996
Pages 274
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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 Precautionary Principle in the Law of the Sea

The Precautionary Principle in the Law of the Sea Author Simon Marr
ISBN-10 9041120157
Release 2003
Pages 253
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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.

Evolution and Status of the Precautionary Principle in International Law

Evolution and Status of the Precautionary Principle in International Law Author Arie Trouwborst
ISBN-10 STANFORD:36105060711335
Release 2002-01-01
Pages 378
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The controversial question of whether or not at present the precautionary principle is to be considered a norm of customary international law is the key theme of this work, which treats the issue as part of a broader discussion of the principle's legal status on the international plane. This discussion, in turn, is put in perspective by an account of the short but remarkable history of the principle in international environmental law and policy. The greater part of this study consists of the mapping and analysis of state practice in respect of the precautionary principle. Pertinent treaties, declarations, decisions of international organizations and domestic instruments pass in review. the book then applies the generally accepted principles governing the formation of customary international law to this body of state practice. This manuscript was awarded the Franois Prize 2001 by the Netherlands Society of International Law / Netherlands Branch of the ILA. `[The precautionary principle] has been cited in an increasing number of legal proceedings, including those in the International Court of Justice, the International Tribunal for the Law of the Sea and the WTO Appellate Body, as well as in the courts of a large number of states, including the supreme courts of India and Canada.' (from the Preface by the Series Editors)

An Inconvenient Deliberation

An Inconvenient Deliberation Author Miriam Haritz
ISBN-10 9789041135216
Release 2011
Pages 457
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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.

Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals Author Caroline E. Foster
ISBN-10 9781139500166
Release 2011-03-24
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By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Environmental Principles

Environmental Principles Author Nicolas de Sadeleer
ISBN-10 0199254745
Release 2002
Pages 433
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This book traces the evolution of environmental principles from their origins as vague political slogans to their embodiment in enforceable laws. In particular it examines three of the most important principles: the polluter pays principles, the preventive principle and the precautionary principle, and their legal effect at the national, regional and international levels.


DREDGING MANAGEMENT PRACTICES FOR THE ENVIRONMENT   a structured selection approach Author
ISBN-10 9782872231669
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DREDGING MANAGEMENT PRACTICES FOR THE ENVIRONMENT a structured selection approach has been writing in one form or another for most of life. You can find so many inspiration from DREDGING MANAGEMENT PRACTICES FOR THE ENVIRONMENT a structured selection approach also informative, and entertaining. Click DOWNLOAD or Read Online button to get full DREDGING MANAGEMENT PRACTICES FOR THE ENVIRONMENT a structured selection approach book for free.