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The Precautionary Principle in Practice

The Precautionary Principle in Practice
Author: Jacqueline Peel
Publisher: Federation Press
Total Pages: 260
Release: 2005
Genre: Law
ISBN: 9781862875197

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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.


The Application of the Precautionary Principle in Practice

The Application of the Precautionary Principle in Practice
Author: Joakim Zander
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-19
Genre: Law
ISBN: 113949127X

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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.


Biodiversity and the Precautionary Principle

Biodiversity and the Precautionary Principle
Author: Rosie Cooney
Publisher: Routledge
Total Pages: 338
Release: 2012-05-16
Genre: Nature
ISBN: 1136570993

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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.


The Precautionary Principle and International Law:The Challenge of Implementation

The Precautionary Principle and International Law:The Challenge of Implementation
Author: David Freestone
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 1996-01-01
Genre: Law
ISBN: 9041101438

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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 Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law
Author: Lavanya Rajamani
Publisher: Oxford University Press
Total Pages: 1104
Release: 2021-08-06
Genre: Law
ISBN: 0192589032

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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.


Precautionary Principle

Precautionary Principle
Author: Indur M. Goklany
Publisher: Cato Institute
Total Pages: 135
Release: 2001-10-25
Genre: Political Science
ISBN: 1933995858

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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.


Precautionary Politics

Precautionary Politics
Author: Kerry H Whiteside
Publisher: MIT Press
Total Pages: 201
Release: 2006-10-06
Genre: Nature
ISBN: 026226515X

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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.


Arbitrary and Capricious

Arbitrary and Capricious
Author: Gary Elvin Marchant
Publisher: American Enterprise Institute
Total Pages: 112
Release: 2004
Genre: Business & Economics
ISBN: 9780844741895

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


Interpreting the Precautionary Principle

Interpreting the Precautionary Principle
Author: Timothy O'Riordan
Publisher: Routledge
Total Pages: 316
Release: 2013-07-04
Genre: Business & Economics
ISBN: 1134165781

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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.


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

Information Resources in Toxicology, Volume 1: Background, Resources, and Tools
Author: Steve Gilbert
Publisher: Academic Press
Total Pages: 1055
Release: 2020-05-16
Genre: Medical
ISBN: 0128137258

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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