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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.
The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business.
The often-confrontational debate over the development of agricultural and pharmaceutical products made with the help of genetic modification has drastically limited the exploitation of this still new technology. This book focuses on the risk and rewards of genetic modification, the differing paths the dialogue on GM has followed in Europe and the developing world in contrast to the United States, how the debate impacts the commercial realities of companies developing new products, and what strategies might foster more constructive discussion over the costs and benefits of genetic manipulation to bring about more rational and internationally coordinated public policy.
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.
First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.
A hands-on guide to implementing the precautionary principle and avoiding harm through foresight and wise decisions.
Mals, Italy, has long been known as the breadbasket of the Tyrol. But recently the tiny town became known for something else entirely. A Precautionary Tale tells us why, introducing readers to an unlikely group of activists and a forward-thinking mayor who came together to ban pesticides in Mals by a referendum vote—making it the first place on Earth to accomplish such a feat, and a model for other towns and regions to follow. For hundreds of years, the people of Mals had cherished their traditional foodways and kept their local agriculture organic. Their town had become a mecca for tourists drawn by the alpine landscape, the rural and historic character of the villages, and the fine breads, wines, cheeses, herbs, vegetables, and the other traditional foods they produced. Yet Mals is located high up in the eastern Alps, and the valley below was being steadily overtaken by big apple producers, heavily dependent on pesticides. As Big Apple crept further and further up the region’s mountainsides, their toxic spray drifted with the valley’s ever-present winds and began to fall on the farms and fields of Mals—threatening their organic certifications, as well as their health and that of their livestock. The advancing threats gradually motivated a diverse cast of characters to take action—each in their own unique way, and then in concert in an iconic display of direct democracy in action. As Ackerman-Leist recounts their uprising, we meet an organic dairy farmer who decides to speak up when his hay is poisoned by drift; a pediatrician who engaged other medical professionals to protect the soil, water, and air that the health of her patients depends upon; a hairdresser whose salon conversations mobilized the town’s women in an extraordinarily conceived campaign; and others who together orchestrated one of the rare revolutionary successes of our time and inspired a movement now snaking its way through Europe and the United States. A foreword by Vandana Shiva calls upon others to follow in Mals’s footsteps.
The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.