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The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.
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.
The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.
Master's Thesis from the year 2013 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 360 of 400 credits "very good", University of St. Gallen, course: European and International Business Law, language: English, abstract: The Precautionary Principle (hereinafter PP) provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The PP is considered to be one of the most controversial principles and attracted much scholarly attention. Despite the vast array of books and shorter articles about the topic, less documents are available that are not limited to a single aspect of the principle or − if discussing several aspects − do not fill a whole book. While the present thesis will also not be able to cover all aspects on a limited amount of pages, it nevertheless should allow readers to gain an overview of all essential points linked with the role of the PP in the framework of risk regulation in the European Union (EU). To begin with the most important, the principle is introduced by describing its main characteristics. As these are heavily dependent on those who breathe life into the principle, the characteristics the EU assigned to it shall form the centerpiece of the first part of this paper. Based on this clarification, allegations brought against the PP are critically assessed. In the second part of the thesis, the focus is shifted to the actual application of the PP in EU risk regulation. After shedding light on the origins of the principle in EU risk regulation, three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators. The thesis concludes with a general summary of main findings. The established systematic approach as applied in the case studies would allow to be extended to further cases or could be adapted to other countries or international settings. However, in this paper international aspects are only treated to a limited extend and not all sectors where the PP is applied can be presented.
This study examines how the European Union has used the precautionary principle in legal decisions.
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 '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.
The European Commission is actively promoting the precautionary principle as a 'key tenet' of Community policy, as well as a general principle of international law. This article explains why this promotional effort is likely to fail or to produce unanticipated and undesirable consequences. The principle has a legitimate but limited role to play in risk management, for example whenever there is an imminent danger of irreversible damage. As a general approach to risk regulation, however, it suffers from a number of shortcomings: It lacks a sound logical foundation; it may distort regulatory priorities; it can be misused to justify protectionist measures; it undermines international regulatory co-operation; and it may have undesirable distributive consequences. What is perhaps an even greater cause for concern is that the principle, as interpreted by the Commission, tends to favour a double standard for what is permissible internationally and in intra-Community relations.
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.
The precautionary principle is widely seen as fundamental to successful policies for sustainability. This title looks back over the last century to examine the role the principle played in a range of major and avoidable public disasters.