A hands-on guide to implementing the precautionary principle and avoiding harm through foresight and wise decisions.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

Great uncertainty typically surrounds decisions and management actions in the conservation of biodiversity and natural resource management, and yet there are risks of serious and irreversible harm for both biodiversity and the humans that rely on it. The precautionary principle arguably underlies all international conservation efforts and promotes acting to avoid serious or irreversible environmental harm, despite lack of scientific certainty as to the likelihood, magnitude or cause of harm. This book is the first to examine the application of the precautionary principle to biodiversity conservation and natural resource management, incorporating perspectives from scientists, economists, lawyers and practitioners from both developing and developed countries. It analyses the application and impacts of the principle in many areas including forestry, invasive alien species, wildlife trade, protected areas and fisheries, in a range of national and international contexts. Particular attention is drawn to issues of equity, livelihoods, science and politics, and the book provides guidelines for applying the precautionary principle to biodiversity conservation and natural resource management.

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.

Prior to the Nixon administration, environmental policy in the United States was rudimentary at best. Since then, it has evolved into one of the primary concerns of governmental policy from the federal to the local level. As scientific expertise on the environment rapidly developed, Americans became more aware of the growing environmental crisis that surrounded them. Practical solutions for mitigating various aspects of the crisis - air pollution, water pollution, chemical waste dumping, strip mining, and later global warming - became politically popular, and the government responded by gradually erecting a vast regulatory apparatus to address the issue. Today, politicians regard environmental policy as one of the most pressing issues they face. The Obama administration has identified the renewable energy sector as a key driver of economic growth, and Congress is in the process of passing a bill to reduce global warming that will be one of the most important environmental policy acts in decades. The Oxford Handbook of U.S. Environmental Policy will be a state-of-the-art work on all aspects of environmental policy in America. Over the past half century, America has been the world's leading emitter of global warming gases. However, environmental policy is not simply a national issue. It is a global issue, and the explosive growth of Asian countries like China and India mean that policy will have to be coordinated at the international level. The book will therefore focus not only on the U.S., but on the increasing importance of global policies and issues on American regulatory efforts. This is a topic that will only grow in importance in the coming years, and this will serve as an authoritative guide to any scholar interested in the issue.

Pressing environmental challenges are frequently surrounded with stakeholders on all sides of the issues. Opinions expressed by government agencies, the private sector, special interests, nonprofit communities, and the media, among others can quickly cloud the dialogue, leaving one to wonder how policy decisions actually come about. In Environmental Policy Analysis and Practice, Michael R. Greenberg cuts through the complicated layers of bureaucracy, science, and the public interest to show how all policy considerations can be broken down according to six specific factors: 1) the reaction of elected government officials, 2) the reactions of the public and special interests, 3) knowledge developed by scientists and engineers, 4) economics, 5) ethical imperatives, and 6) time pressure to make a decision. The book is organized into two parts, with the first part defining and illustrating each one of these criteria. Greenberg draws on examples such as nuclear power, pesticides, brownfield redevelopment, gasoline additives, and environmental cancer, but focuses on how these subjects can be analyzed rather than exclusively on the issues themselves. Part two goes on to describe a set of over twenty tools that are used widely in policy analysis, including risk assessment, environmental impact analysis, public opinion surveys, cost-benefit analysis, and others. These tools are described and then illustrated with examples from part one. Weaving together an impressive combination of practical advice and engaging first person accounts from government officials, administrators, and leaders in the fields of public health and medicine, this clearly written volume is poised to become a leading text in environmental policy.

An examination of the daily grind of living with pollution in rural China and of the varying forms of activism that develop in response. Residents of rapidly industrializing rural areas in China live with pollution every day. Villagers drink obviously tainted water and breathe visibly dirty air, afflicted by a variety of ailments—from arthritis to nosebleeds—that they ascribe to the effects of industrial pollution. In Resigned Activism, Anna Lora-Wainwright explores the daily grind of living with pollution in rural China and the varying forms of activism that develop in response. This revised edition offers expanded acknowledgment of the contributions of Lora-Wainwright’s collaborators in China. Lora-Wainwright finds that claims of health or environmental damage are politically sensitive, and that efforts to seek redress are frustrated by limited access to scientific evidence, growing socioeconomic inequalities, and complex local realities. Villagers, feeling powerless, often come to accept pollution as part of the environment; their activism is tempered by their resignation. Drawing on fieldwork done with teams of collaborators, Lora-Wainwright offers three case studies of “resigned activism” in rural China, examining the experiences of villagers who live with the effects of phosphorous mining and fertilizer production, lead and zinc mining, and electronic waste processing. The book also includes extended summaries of the in-depth research carried out by Ajiang Chen and his team in some of China’s “cancer villages,” village-sized clusters of high cancer incidence. These cases make clear the staggering human costs of development and the deeply uneven distribution of costs and benefits that underlie China’s economic power.