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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.
This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science.
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.
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.
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
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" -- 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.
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.
Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism,' designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security."--BOOK JACKET.
The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.