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The precautionary principle has been labeled simplistic and the rational approach to decision-making under risk was modeled on well-specified games of chance. How then are we to manage the risks, uncertainties, and 'unknown unknowns' of the real world? In this book, Alan Randall unravels the key controversies surrounding the precautionary principle and develops a new framework that can be taken seriously in policy and management circles. Respecting the complexity of the real world, he defines a justifiable role for the precautionary principle in a risk management framework that integrates precaution with elements of the standard risk management model. This is explained using examples from medicine, pharmacy, synthetic chemicals, nanotechnology, the environment and natural resources conservation. This carefully reasoned but highly accessible book will appeal to readers from a broad range of disciplines, including environmental policy, risk management and cost-benefit analysis.
The 'Precautionary Principle' - allowing or favoring regulation of risks despite uncertainty - has been at the center of debates about European and U.S. risk management since the 1990s. Does adopting the precautionary principle protect us against uncertain risks, or does it inhibit progress and introduce new risks? Has Europe become 'more precautionary' than the United States? The Reality of Precaution is the first study to go beyond the rhetoric of precaution as an abstract principle and test the reality of precaution in practice. Challenging conventional wisdom about European and U.S. approaches to risk regulation, this groundbreaking resource finds that since the 1970s there has been little transatlantic difference in the overall level of precaution, but that instead there have been variations in precaution across particular individual risks. For example, while Europe has been more precautionary regarding genetically modified foods, beef hormones, toxic chemicals, and climate change, the U.S. has been more precautionary regarding mad cow disease, air pollution, ozone depletion, and terrorism. Moreover, both the U.S. and Europe have adopted systems of regulatory oversight through impact assessment.Combining a dozen case studies, a quantitative analysis of almost 3,000 risks, and cross-cutting chapters on politics, law, and risk perceptions, this book argues that the relationship between U.S. and European regulatory approaches is best understood not as conflict or competition, nor in terms of divergence or reversal, but rather as a process of selective application of precaution to particular risks, and a continuing exchange of ideas yielding mutual cooperation and hybridization. The Reality of Precaution advises policymakers in both the U.S. and Europe to compare actual regulatory experience, to borrow useful policy designs, and to seek optimal (not maximal) precaution that accounts fully for risks, costs, and ancillary impacts.
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.
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
This framework outlines guiding principles for the application of precaution to science-based decision-making in areas of federal regulatory activity for the protection of health and safety and the environment and the conservation of natural resources. The application of the precautionary principle or precautionary approach recognizes that the absence of full scientific certainty shall not be used as a reason for postponing decisions where there is a risk of serious or irreversible harm. The framework includes general principles of application, which outline distinguishing features of precautionary decision-making, and principles for precautionary measures, which describe specific characteristics that apply once a decision has been made that measures are warranted.
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
What is the effectiveness of organised crime prevention? The research presented here examines the possible effectiveness of three preventive measures taken against organised crime in the Netherlands: the anti-money laundering intervention, the screening and auditing approach and the administrative approach of the City of Amsterdam. By assessing the programme theory, the programme process and the programme impacts it determines the plausible outcomes and observed outputs. Together these outcomes and outputs determine the possible effectiveness of the preventive measures.
Getting the Message Through, the companion volume to Rebecca Robbins Raines' Signal Corps, traces the evolution of the corps from the appointment of the first signal officer on the eve of the Civil War, through its stages of growth and change, to its service in Operation DESERT SHIELD/DESERT STORM. Raines highlights not only the increasingly specialized nature of warfare and the rise of sophisticated communications technology, but also such diverse missions as weather reporting and military aviation. Information dominance in the form of superior communications is considered to be sine qua non to modern warfare. As Raines ably shows, the Signal Corps--once considered by some Army officers to be of little or no military value--and the communications it provides have become integral to all aspects of military operations on modern digitized battlefields. The volume is an invaluable reference source for anyone interested in the institutional history of the branch.
Intended to provide the basic foundation for modern archival practice and theory.