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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.
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.
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.
The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic 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.
First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.
Most environmental statutes passed since 1970 have endorsed a pragmatic or 'precautionary' principle under which the existence of a significant risk is enough to trigger regulation. At the same time, targets of such regulation have often argued on grounds of inefficiency that the associated costs outweigh any potential benefits. In this work, Jason Johnston unpacks and critiques the legal, economic, and scientific basis for precautionary climate policies pursued in the United States and in doing so sheds light on why the global warming policy debate has become increasingly bitter and disconnected from both climate science and economics. Johnston analyzes the most influential international climate science assessment organizations, the US electric power industry, and land management and renewable energy policies. Bridging sound economics and climate science, this pathbreaking book shows how the United States can efficiently adapt to a changing climate while radically reducing greenhouse gas emissions.
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.