The Precautionary Principle in Practice: Environmental Decision-making and Scientific UncertaintyFederation Press, 2005 - 244 pages The precautionary principle puts forward the 'commonsense' notion that decision-makers should be cautious when assessing potential health or environmental harms in the absence of the full scientific facts. It is now a well-established tenet of environmental law. The debate has turned to its legal implementation, especially its application 'in practice'. The Precautionary Principle in Practice - Environmental decision-making and scientific uncertainty focuses on these issues. It considers how decision-makers can assess threats to health or the environment when the available scientific evidence is sparse and discusses the types of 'uncertainties' that bring the precautionary principle into play.Peel uses detailed case studies which examine the implementation of the precautionary principle in actual decision-making scenarios: fisheries management; risk assessment for genetically modified organisms; and environmental impact assessment for development applications. She demonstrates an approach that takes account of variable uncertainty issues and can be adapted to different circumstances to ensure a comprehensive assessment of the potential threats to health or the environment. Jackie Peel has a background in both science and law. She took a BSC/LLB with 1st class honours at the University of Queensland and holds an LLM from New York University where she studied in 1999-2000 as a Fulbright Scholar. She is now is a Senior Lecturer in the Faculty of Law, University of Melbourne. |
From inside the book
Results 1-5 of 30
Page i
... authorities , and it is to be hoped that the book will command serious attention from these quarters . Professor Rob Fowler , University of South Australia The analysis of scientific uncertainty and the potentiality for legal ...
... authorities , and it is to be hoped that the book will command serious attention from these quarters . Professor Rob Fowler , University of South Australia The analysis of scientific uncertainty and the potentiality for legal ...
Page 15
... authorities and judges encounter calls for precautionary action when development activities raise potential health or environmental threats . Even scientists and risk assessors are not immune from the influence of the precautionary ...
... authorities and judges encounter calls for precautionary action when development activities raise potential health or environmental threats . Even scientists and risk assessors are not immune from the influence of the precautionary ...
Page 19
... authorities is that of : [ E ] nsuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the prin- ciples of ecologically sustainable development and the ...
... authorities is that of : [ E ] nsuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the prin- ciples of ecologically sustainable development and the ...
Page 24
... authorities these considerations high- light the need for a re - evaluation of commitments to exclusively ' science - based ' approaches for the assessment of health and environmental threats . ' Broader- based ' processes of decision ...
... authorities these considerations high- light the need for a re - evaluation of commitments to exclusively ' science - based ' approaches for the assessment of health and environmental threats . ' Broader- based ' processes of decision ...
Page 25
... authorities ... and the opportunity to participate in decision - making processes'.57 The NSESD reflects a similar policy of public participation in environmental matters , elaborating a ' guiding principle ' of ESD that ' decisions and ...
... authorities ... and the opportunity to participate in decision - making processes'.57 The NSESD reflects a similar policy of public participation in environmental matters , elaborating a ' guiding principle ' of ESD that ' decisions and ...
Contents
3 | |
15 | |
21 | |
28 | |
34 | |
Uncertainty at the limits of science | 42 |
Conclusion | 54 |
Assessing Threats of Damage in Conditions of Uncertainty | 63 |
Precautionary Decisionmaking Processes | 137 |
Precaution in decisionmaking frameworks | 149 |
Conclusion | 158 |
Implementing Precaution in GMO Risk Assessment | 166 |
A precautionary evaluation of the GTA | 173 |
Conclusion | 181 |
Caution and Precaution in EIA for Development | 189 |
Implementation approaches for EIA | 203 |
Evaluating the seriousness of threats | 70 |
Taking a Precautionary Approach in Fisheries Management | 79 |
Challenges to AFMAs precautionary measures | 85 |
Exercising precaution in fisheries management | 95 |
Planning disputes over mobile phone towers | 112 |
Precaution in siting mobile phone towers | 121 |
Conclusion | 210 |
An Approach for Practice Precaution as Process | 218 |
Putting precautionary processes into practice | 227 |
Index | 240 |
Common terms and phrases
accepted activity AFMA application approach areas arise Australian authorities basis broader challenges Chapter circumstances concerns consequences consideration considered context Council courts critical damage dealing decision decision-making process determining discussed effects ensure environment environmental impacts evaluation evidence example existing expert exposure factors field fisheries fisheries management fishing framework given harm health and environmental health effects health or environmental human impacts implementation importance indication involved issues Journal legislation levels limited matters means measures mobile phone towers nature objectives particular planning possible potential practice precaution precautionary principle predictions present Press problems proposed protection questions raised regarding Regulator regulatory relevant resource result risk assessment scientific evidence scientific knowledge scientific uncertainty scientists serious settings significant species standards studies sustainable taken Technology threats Tribunal tuna
References to this book
International Law and the Genetic Resources of the Deep Sea David Kenneth Leary No preview available - 2007 |