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 58
Page 2
... taken too far . Such critics and sceptics have tended to focus their attack on ' strong ' ( or in their view , ' extreme ' ) versions of precaution , criticising the overly risk - averse assumptions which they believe underpin ...
... taken too far . Such critics and sceptics have tended to focus their attack on ' strong ' ( or in their view , ' extreme ' ) versions of precaution , criticising the overly risk - averse assumptions which they believe underpin ...
Page 10
... taken even if some cause and effect relationships are not fully established scientifically . In this context the proponent of an activity , rather than the public , should bear the burden of proof ' . Text reproduced in Carolyn ...
... taken even if some cause and effect relationships are not fully established scientifically . In this context the proponent of an activity , rather than the public , should bear the burden of proof ' . Text reproduced in Carolyn ...
Page 17
... taken.13 Principle 15 of the Rio Declaration provides : 14 In order to protect the environment , the precautionary approach shall be widely applied by States according to their capabilities . Where there are threats of serious or ...
... taken.13 Principle 15 of the Rio Declaration provides : 14 In order to protect the environment , the precautionary approach shall be widely applied by States according to their capabilities . Where there are threats of serious or ...
Page 18
... taken when there are reasonable grounds for concern that substances or energy introduced , directly or indirectly , into the marine environment may bring about hazards to human health , harm living resources and marine ecosystems ...
... taken when there are reasonable grounds for concern that substances or energy introduced , directly or indirectly , into the marine environment may bring about hazards to human health , harm living resources and marine ecosystems ...
Page 20
... principle that ' may be taken into account'34 can be deceptive . Courts reviewing regulatory decision - making are often not satisfied with bare assurances that precaution was ' a factor 20 THE PRECAUTIONARY PRINCIPLE IN PRACTICE.
... principle that ' may be taken into account'34 can be deceptive . Courts reviewing regulatory decision - making are often not satisfied with bare assurances that precaution was ' a factor 20 THE PRECAUTIONARY PRINCIPLE IN PRACTICE.
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 |