Implementing the Precautionary Principle: Approaches from the Nordic Countries, EU and USANicolas de Sadeleer Routledge, 2012 M05 4 - 432 pages 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 |
From inside the book
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... (EFTA) COURT Case E-3/00, EFTA Surveillance Authority v Norway (2000–2001), EFTA Ct. Rep. 73 47 47 46 49 47, 48, 52, 54, 86, 89–90, 97, 99, 100 Case E-4/4, Pedicel, judgment of 25 February 2005 47, 55 EUROPEAN COMMUNITY COURTS European ...
... EFTA. List. of. Acronyms. and. Abbreviations. Appellate Body Automatic Information System best available technology best environmental practice bovine spongiform encephalopathy Baltic Sea Protected Area Clean Air Act cost-benefit analysis ...
... EFTA Surveillance Authority Environmental Protection Agency (US) European Union Food and Agriculture Organization (UN) Framework Convention on Climate Change Food and Drug Administration (US) Research Unit for European Environmental Law ...
... (EFTA) members, are being called upon to take into account the precautionary principle in their decisionmaking process. Thanks to EC law and the European Court of Justice's (ECJ's) case law, one can expect further developments in this ...
... (EFTA) Court's, reply to this is that a preventative measure cannot properly be based on a purely hypothetical consideration of the risk, founded on mere conjecture that has not been scientifically verified.75 It follows that there must ...
Contents
7 | |
Comparative Analysis of the Precautionary Principle in the Nordic Countries | 59 |
The Precautionary Principle and the Law of the Sea A Nordic Perspective | 139 |
Precaution Genetically Modified Organisms and Biodiversity | 181 |
The Precautionary Principle and Chemicals | 291 |
Conclusion | 379 |
Index | 389 |
Other editions - View all
Implementing the Precautionary Principle: Approaches from the Nordic ... Nicolas de Sadeleer No preview available - 2007 |
Implementing the Precautionary Principle: Approaches from the Nordic ... Nicolas de Sadeleer No preview available - 2014 |