Implementing The Precautionary Principle

Author: Nicolas de Sadeleer
Publisher: Routledge
ISBN: 1136563229
Size: 80.93 MB
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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

Law And Ecology

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Taylor & Francis
ISBN: 1136817123
Size: 62.33 MB
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Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law.

The Application Of The Precautionary Principle In Practice

Author: Joakim Zander
Publisher: Cambridge University Press
ISBN: 113949127X
Size: 41.19 MB
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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.

Research Handbook On International Environmental Law

Author: Malgosia Fitzmaurice
Publisher: Edward Elgar Publishing
ISBN: 1849807264
Size: 50.71 MB
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. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

The Role Of The Precautionary Principle In Eu Risk Regulation

Author: Barbara Berthoud
Publisher: GRIN Verlag
ISBN: 3656572690
Size: 49.22 MB
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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.

Deference In International Courts And Tribunals

Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0191026506
Size: 25.46 MB
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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

Swedish Studies In European Law

Author: Per Cramér
Publisher: Hart Pub
ISBN: 9781841136561
Size: 53.67 MB
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The Swedish Network for European Legal Studies is happy to announce the second volume in this series of annual publications which acts as a forum for the publication of studies on European law by Swedish scholars. This annual volume contains peer-reviewed articles aimed at spreading Swedish legal research on European law to a wide international audience. The articles are concerned with European law, its development, impact, and reform. Furthermore, the articles are original, analytical contributions to doctrinal debates and questions, by legal researchers mainly connected with the Swedish universities.

Controlling Security In A Culture Of Fear

Author: Mireille Hildebrandt
Publisher: Eleven International Pub
ISBN:
Size: 18.91 MB
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Who controls security in a culture of fear? The erosion of traditional safeguards in the quest for security raises questions about the meaning of justice, public protection, legal safeguards, and resilience. This book presents a cross-disciplinary exchange on the notion of fear and its influence on international criminal, economic, and security policy. The contributors chart new lines of research as they proffer a variety of perspectives on the problems and trends that are emerging from national and international responses to insecurity. The diversity of the views expressed in this volume underscore the complexities of assuring security in a world beset by a culture of fear. Contents include: Introduction: Who Controls Security in a Culture of Fear? * Security and the 'Risky Other': Doing Justice in a World of Strangers * The Insecurity State * Fear and the Trade-off between Security and Liberty * The Political Reasons for Tackling Anti-Social Behavior * Deus sive Natura: Investigating the Axioms of Precautionary Logic * International Corruption and the Privatization of Security: Resorting to Private Remedies * Locating Offenders between Risk and Denial: The Implications for 'Public-Protection' * The Idea of Protection in Dutch Juvenile Criminal Justice * Who's Afraid of ...Risky Sex? Criminal Law Perspectives on Sexual HIV Exposure and Transmission * International Execution of Sentences: A Macro and Meso Perspective * Boring Pictures: Images of Video Surveillance between Evidence and Emptiness * Resilience Joins Research in Vulnerability of Economic Activity to Crime.

The Oxford Handbook Of Law Regulation And Technology

Author: Roger Brownsword
Publisher: Oxford University Press
ISBN: 0191502235
Size: 42.75 MB
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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.