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 53
Page x
... settings as my focus , I was steered towards an approach based on the examination of several in - depth case studies of the application of precaution . The case studies provided a means for looking closely at how precautionary decision ...
... settings as my focus , I was steered towards an approach based on the examination of several in - depth case studies of the application of precaution . The case studies provided a means for looking closely at how precautionary decision ...
Page 3
... settings . What is often missing from the debate ( perhaps not surprisingly given its essen- tially political nature ) is a detailed consideration of the pragmatic question of how scientific uncertainty impacts health and environmental ...
... settings . What is often missing from the debate ( perhaps not surprisingly given its essen- tially political nature ) is a detailed consideration of the pragmatic question of how scientific uncertainty impacts health and environmental ...
Page 4
... setting.17 The fundamental question empha- sised is thus one of what is required as a matter of decision - making ... settings must frequently grapple with questions as to the role that scientific information can or should play in ...
... setting.17 The fundamental question empha- sised is thus one of what is required as a matter of decision - making ... settings must frequently grapple with questions as to the role that scientific information can or should play in ...
Page 5
... settings - and that used in scientific research . Another contributing factor is the limited way in which ' uncertainty ' is commonly conceived when assessments are made of the deficiencies that may affect scientific knowledge about ...
... settings - and that used in scientific research . Another contributing factor is the limited way in which ' uncertainty ' is commonly conceived when assessments are made of the deficiencies that may affect scientific knowledge about ...
Page 6
... settings . A survey of legislative instruments , treaties and case law gives an indication of the types of situations in which the precautionary principle is raised in practice . These include resource management settings ( for example ...
... settings . A survey of legislative instruments , treaties and case law gives an indication of the types of situations in which the precautionary principle is raised in practice . These include resource management settings ( for example ...
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 |