Download or read book The Precautionary Principle in EU Risk Regulation written by Barbara Berthoud and published by Anchor Academic Publishing (aap_verlag). This book was released on 2014-07-18 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.

Download or read book The Reality of Precaution written by James Hammit and published by Routledge. This book was released on 2013-05-13 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.

Download or read book Risk Regulation in Europe written by Jale Tosun and published by Springer Science & Business Media. This book was released on 2012-11-05 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication aims to familiarize students of public policy with the precautionary principle, which plays a vital role in the European Union’s approach toward regulating risks. The precautionary principle contends that policy makers should refrain from actions having a suspected risk of causing harm to the public and/or the environment. However, the precautionary principle only provides guidance to policy makers but does not prescribe specific policy responses. Therefore, there should be variation in the way the principle is applied. Furthermore, precautionary measures are, in principle, of a provisional nature, suggesting that they are likely to be subject to changes over time. This book is thus interested in shedding light on how the precautionary principle is put into practice and to what extent precautionary measures become modified. Empirically, it focuses on how the EU has regulated the use of growth hormones in meat production, the cultivation of genetically modified corn and the use of Stevia-based sweeteners in foods and beverages. The main theoretical argument advanced by this study is that the way in which the original regulatory standards were formulated affects whether and how they are changed. By placing particular emphasis on the relevance of scientific evidence for the (re-)definition of precautionary measures, the book is expected to appeal to both academics and practitioners.

Download or read book The Role of the Precautionary Principle in EU Risk Regulation written by Barbara Berthoud and published by GRIN Verlag. This book was released on 2014-01-13 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2013 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 360 of 400 credits "very good", University of St. Gallen, course: European and International Business Law, language: English, abstract: The Precautionary Principle (hereinafter PP) provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The PP is considered to be one of the most controversial principles and attracted much scholarly attention. Despite the vast array of books and shorter articles about the topic, less documents are available that are not limited to a single aspect of the principle or − if discussing several aspects − do not fill a whole book. While the present thesis will also not be able to cover all aspects on a limited amount of pages, it nevertheless should allow readers to gain an overview of all essential points linked with the role of the PP in the framework of risk regulation in the European Union (EU). To begin with the most important, the principle is introduced by describing its main characteristics. As these are heavily dependent on those who breathe life into the principle, the characteristics the EU assigned to it shall form the centerpiece of the first part of this paper. Based on this clarification, allegations brought against the PP are critically assessed. In the second part of the thesis, the focus is shifted to the actual application of the PP in EU risk regulation. After shedding light on the origins of the principle in EU risk regulation, three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators. The thesis concludes with a general summary of main findings. The established systematic approach as applied in the case studies would allow to be extended to further cases or could be adapted to other countries or international settings. However, in this paper international aspects are only treated to a limited extend and not all sectors where the PP is applied can be presented.

Download or read book The Reality of Precaution written by Jonathan B. Wiener and published by Routledge. This book was released on 2013-05-13 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.

Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.

Download or read book Regulating food law written by Anna Szajkowska and published by BRILL. This book was released on 2023-09-04 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.

Download or read book Laws of Fear written by Cass R. Sunstein and published by Cambridge University Press. This book was released on 2005-03-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism,' designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security."--BOOK JACKET.

Download or read book Risk and EU law written by Hans-W. Micklitz and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk and EU Law considers the multiple reasons for the increase in the types and diversity of risks, as well as the potential magnitude of their undesirable effects. The book identifies such reasons as; the openness of liberal societies; market competition; the constant endeavour to innovate; as well as globalization and the impact of new technologies. It also explores topics surrounding the social epistemology of risk observation and management, the role of science in political and judicial decision-making and transnational risk regulation and contractual governance.

Download or read book Precautionary Risk Appraisal and Management written by Ortwin Renn and published by BoD – Books on Demand. This book was released on 2009 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the major challenges of our time is the management of risks emanating from modern technologies. Yet as diverse as these technologies are, ranging from nuclear power generation over genetically modified organisms to nanotechnology and many more, as different are the risk management and regulation strategies offered to cope with their potential risks. This book is therefore dedicated to one of these strategies, the Precautionary Principle. The book offers a general model for the implementation of the Precautionary Principle for risk regulation. At the same time, the book integrates various scientific approaches towards the Precautionary Principle, such as the social sciences, natural sciences and law.

Download or read book Risk Regulation in the Internal Market written by Maria Weimer and published by Oxford University Press. This book was released on 2019-03-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.

Download or read book The Application of the Precautionary Principle in Practice written by Joakim Zander and published by Cambridge University Press. This book was released on 2010-08-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.

Download or read book Balancing between Trade and Risk written by Marjolein B. A. van Asselt and published by Routledge. This book was released on 2013-03-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade aspects of risk and the risk aspects of trade deserve more systematic and genuine interdisciplinary attention if we are to really understand the global, international and supranational dimensions of risk regulation. This book brings together legal and social science research on risk regulation from across the world to explore risk regulation in a trade context. The interdisciplinary collaboration provided in this book is needed to address the trade versus risk balancing act both in empirical and theoretical terms. Although it is obvious that legal, social, cultural and political matters interfere with risk regulation, analyses in which these interferences are adequately considered are lacking. In one way or another, all chapters in this book address the issue of scientific uncertainty, the governance arrangements around expertise or both. Issues such as transparency, trust, legitimacy and precaution also become particularly important given the political, multi-actor and multi-level governance characteristics of the balancing act between trade and risk regulation. This book highlights and examines these concerns, going on to provide a critical assessment of the EU regulation of trade and risk both from external and internal perspectives. This book’s exploration of the balancing act between trade and risk regulation will be increasingly important to students of law and social sciences as they move to a shared, interdisciplinary understanding.

Download or read book The Politics of Precaution written by David Vogel and published by Princeton University Press. This book was released on 2012-04-29 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business.

Download or read book Risk Analysis and Governance in EU Policy Making and Regulation written by Bernardo Delogu and published by Springer. This book was released on 2016-05-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an easy, but comprehensive and rigorous access to the main concepts, terminology, methods and procedures of risk analysis intended for all those involved in the EU policy and regulatory decision making on risks. It establishes a common ground of knowledge which enables a more informed dialogue on risks, a closer collaboration between decision makers and scientists and a better appraisal of the potential and limits of risk science. The book also brings together in an accessible way much multidisciplinary knowledge which had been dispersed over many technical documents and specialist books. The EU is in the front line of health, safety and environmental risk management. GMOs, food safety, hazardous chemicals, climate change, radiation hazards, are just a few of the popular risk issues addressed by the EU through policy and regulatory measures. The risk analysis paradigm, including risk assessment, management and communication has been at the core of the EU decision making for a long time already. EU Institutions strive for a science-based approach to risk management. Nevertheless, the dialogue and collaboration on risk issues between policy makers, stakeholders and scientists are still difficult and the potential and limits of science in support of decision making, as well as the basic concepts of risk analysis are not fully understood outside the narrow specialist circles.

Download or read book Implementing the Precautionary Principle written by Nicolas de Sadeleer and published by Routledge. This book was released on 2012-05-04 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

Download or read book Risk Regulation in the United States and European Union written by A. Luedtke and published by Springer. This book was released on 2010-06-07 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and technology have altered public fears and changed expectations of how government should make people safer. This book analyzes how Europeans and Americans perceive and regulate risk. The authors show how public fears about risk are filtered through political systems to pressure governments to insure against risk.