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 37
Page 1
... involved , and the difficulties often encountered in applying conventional scientific methodologies to health and environmental problems , mean that it may be impossible to estimate the likelihood and potential seriousness of harm with ...
... involved , and the difficulties often encountered in applying conventional scientific methodologies to health and environmental problems , mean that it may be impossible to estimate the likelihood and potential seriousness of harm with ...
Page 6
... involved in development approval processes . Implementation case studies Understanding the precautionary principle in practice requires attention not only to the broader , theoretical questions raised by scientific uncertainty , but ...
... involved in development approval processes . Implementation case studies Understanding the precautionary principle in practice requires attention not only to the broader , theoretical questions raised by scientific uncertainty , but ...
Page 21
... involved a transition from harm prevention activities , based on the findings of scientific studies , to an increasing concern with the uncertainties affecting such studies that may herald damage in the future.37 Underlying this change ...
... involved a transition from harm prevention activities , based on the findings of scientific studies , to an increasing concern with the uncertainties affecting such studies that may herald damage in the future.37 Underlying this change ...
Page 25
... involvement on issues which affect them'.58 By placing the precautionary principle within the broader normative framework of ESD , these instruments encourage regulatory authorities to take account of sustainability principles when ...
... involvement on issues which affect them'.58 By placing the precautionary principle within the broader normative framework of ESD , these instruments encourage regulatory authorities to take account of sustainability principles when ...
Page 27
... involvement in decision- making on health and environmental threats frequently ' betray profound confusion as to what the purposes , conditions , and terms of this public involve- ment are or should be'.66 Some public consultation ...
... involvement in decision- making on health and environmental threats frequently ' betray profound confusion as to what the purposes , conditions , and terms of this public involve- ment are or should be'.66 Some public consultation ...
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 |