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 89
Page i
... significant and welcome . Professor Philippe Sands , University College London A lucid and insightful overview of the law and policy of regulatory precaution , enriched by illuminating case studies . Professor Richard B Stewart , New ...
... significant and welcome . Professor Philippe Sands , University College London A lucid and insightful overview of the law and policy of regulatory precaution , enriched by illuminating case studies . Professor Richard B Stewart , New ...
Page 1
... significance of the precautionary principle lies not so much in its prescription of caution , as its recognition of the need for a cautious approach in circumstances where ' lack of full scientific certainty affects both technical ...
... significance of the precautionary principle lies not so much in its prescription of caution , as its recognition of the need for a cautious approach in circumstances where ' lack of full scientific certainty affects both technical ...
Page 5
... significant challenges encountered by regulators and decision- makers in tackling these issues ( particularly for those who lack scientific training ) , is coming to terms with the concept of ' scientific uncertainty ' and its ...
... significant challenges encountered by regulators and decision- makers in tackling these issues ( particularly for those who lack scientific training ) , is coming to terms with the concept of ' scientific uncertainty ' and its ...
Page 11
... significant risks ( the notion of ' risk - risk trade - offs ' ) see Richard L Revesz & Samuel Rascoff , ' The Biases of Risk Trade - off Analysis : Towards Parity in Regulatory Policy ' , ( 2002 ) 69 Univer- sity of Chicago Law Review ...
... significant risks ( the notion of ' risk - risk trade - offs ' ) see Richard L Revesz & Samuel Rascoff , ' The Biases of Risk Trade - off Analysis : Towards Parity in Regulatory Policy ' , ( 2002 ) 69 Univer- sity of Chicago Law Review ...
Page 18
... significant scientific uncertainties . A good example is the provision in the OSPAR Convention for Protection of the Marine Environment of the North East Atlantic , directing the contracting parties to apply : [ T ] he precautionary ...
... significant scientific uncertainties . A good example is the provision in the OSPAR Convention for Protection of the Marine Environment of the North East Atlantic , directing the contracting parties to apply : [ T ] he precautionary ...
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 |