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 51
Page 18
... objectives ' and ' guiding principles ' respecting ESD . One of the seven guiding principles spelt out in the NSESD is the precautionary principle , expressed as the notion that ' where there are threats of serious or irreversible ...
... objectives ' and ' guiding principles ' respecting ESD . One of the seven guiding principles spelt out in the NSESD is the precautionary principle , expressed as the notion that ' where there are threats of serious or irreversible ...
Page 19
... objectives to be ' pursued ' by regulatory 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 ...
... objectives to be ' pursued ' by regulatory 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 ...
Page 20
... objective that the assessment of environmental ' risk ' or the minimisation of environmental impact should be undertaken in accordance with a ' precautionary approach'.29 Such references to the precautionary prin- ciple are reinforced ...
... objective that the assessment of environmental ' risk ' or the minimisation of environmental impact should be undertaken in accordance with a ' precautionary approach'.29 Such references to the precautionary prin- ciple are reinforced ...
Page 22
... objective , universal and value - neutral body of knowledge . Scientific knowledge , it seems , like any other form of knowledge , is influenced by the social , economic and cultural context in which it is produced.45 While science has ...
... objective , universal and value - neutral body of knowledge . Scientific knowledge , it seems , like any other form of knowledge , is influenced by the social , economic and cultural context in which it is produced.45 While science has ...
Page 31
... ( Objectives ) : 3 ( h ) and the Environment Protection Act 1997 ( ACT ) , s 3 ( 1 ) ( p ) . See , for example , s 15aa Acts Interpretation Act 1901 ( Cth ) . Similar requirements exist in State - based statutory interpretation ...
... ( Objectives ) : 3 ( h ) and the Environment Protection Act 1997 ( ACT ) , s 3 ( 1 ) ( p ) . See , for example , s 15aa Acts Interpretation Act 1901 ( Cth ) . Similar requirements exist in State - based statutory interpretation ...
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 |