The Precautionary Principle and International Law:The Challenge of Implementation

The Precautionary Principle and International Law:The Challenge of Implementation
Title The Precautionary Principle and International Law:The Challenge of Implementation PDF eBook
Author David Freestone
Publisher Kluwer Law International B.V.
Pages 294
Release 1996-01-01
Genre Law
ISBN 9041101438

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Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.

The Precautionary Principle in the Law of the Sea

The Precautionary Principle in the Law of the Sea
Title The Precautionary Principle in the Law of the Sea PDF eBook
Author Simon Marr
Publisher BRILL
Pages 267
Release 2021-10-18
Genre Law
ISBN 9004481508

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The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.

The Precautionary Principle in Biodiversity Conservation and Natural Resource Management

The Precautionary Principle in Biodiversity Conservation and Natural Resource Management
Title The Precautionary Principle in Biodiversity Conservation and Natural Resource Management PDF eBook
Author Rosie Cooney
Publisher IUCN
Pages 68
Release 2004
Genre Business & Economics
ISBN 9782831708102

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The precautionary principle, or precautionary approach, is now widely accepted in environmental law and policy at international and, increasingly, national level. However, the principle remains highly controversial, its meaning contested, its acceptance and implementation inconsistent across sectors and contexts and its impacts unclear. This paper aims to inform and assist IUCN and its members in developing greater shared understanding of the meaning and implementation of the principle in the context of biodiversity conservation and natural resource management, respecting priorities of both conservation and sustainable development. It examines the meaning of the precautionary principle and its incorporation into biodiversity and resource management law and policy, and discusses a series of issues raised by its implementation in this sector for biodiversity conservation and for livelihoods and poverty alleviation.

Arbitrary and Capricious

Arbitrary and Capricious
Title Arbitrary and Capricious PDF eBook
Author Gary Elvin Marchant
Publisher American Enterprise Institute
Pages 112
Release 2004
Genre Business & Economics
ISBN 9780844741895

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This study examines how the European Union has used the precautionary principle in legal decisions.

Implementing the Precautionary Principle

Implementing the Precautionary Principle
Title Implementing the Precautionary Principle PDF eBook
Author Elizabeth Charlotte Fisher
Publisher Edward Elgar Publishing
Pages 353
Release 2006-01-01
Genre Political Science
ISBN 1847201679

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This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.

Handbook of Safety Principles

Handbook of Safety Principles
Title Handbook of Safety Principles PDF eBook
Author Niklas Möller
Publisher John Wiley & Sons
Pages 836
Release 2018-02-21
Genre Business & Economics
ISBN 1118950690

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Presents recent breakthroughs in the theory, methods, and applications of safety and risk analysis for safety engineers, risk analysts, and policy makers Safety principles are paramount to addressing structured handling of safety concerns in all technological systems. This handbook captures and discusses the multitude of safety principles in a practical and applicable manner. It is organized by five overarching categories of safety principles: Safety Reserves; Information and Control; Demonstrability; Optimization; and Organizational Principles and Practices. With a focus on the structured treatment of a large number of safety principles relevant to all related fields, each chapter defines the principle in question and discusses its application as well as how it relates to other principles and terms. This treatment includes the history, the underlying theory, and the limitations and criticism of the principle. Several chapters also problematize and critically discuss the very concept of a safety principle. The book treats issues such as: What are safety principles and what roles do they have? What kinds of safety principles are there? When, if ever, should rules and principles be disobeyed? How do safety principles relate to the law; what is the status of principles in different domains? The book also features: • Insights from leading international experts on safety and reliability • Real-world applications and case studies including systems usability, verification and validation, human reliability, and safety barriers • Different taxonomies for how safety principles are categorized • Breakthroughs in safety and risk science that can significantly change, improve, and inform important practical decisions • A structured treatment of safety principles relevant to numerous disciplines and application areas in industry and other sectors of society • Comprehensive and practical coverage of the multitude of safety principles including maintenance optimization, substitution, safety automation, risk communication, precautionary approaches, non-quantitative safety analysis, safety culture, and many others The Handbook of Safety Principles is an ideal reference and resource for professionals engaged in risk and safety analysis and research. This book is also appropriate as a graduate and PhD-level textbook for courses in risk and safety analysis, reliability, safety engineering, and risk management offered within mathematics, operations research, and engineering departments. NIKLAS MÖLLER, PhD, is Associate Professor at the Royal Institute of Technology in Sweden. The author of approximately 20 international journal articles, Dr. Möller's research interests include the philosophy of risk, metaethics, philosophy of science, and epistemology. SVEN OVE HANSSON, PhD, is Professor of Philosophy at the Royal Institute of Technology. He has authored over 300 articles in international journals and is a member of the Royal Swedish Academy of Engineering Sciences. Dr. Hansson is also a Topical Editor for the Wiley Encyclopedia of Operations Research and Management Science. JAN-ERIK HOLMBERG, PhD, is Senior Consultant at Risk Pilot AB and Adjunct Professor of Probabilistic Riskand Safety Analysis at the Royal Institute of Technology. Dr. Holmberg received his PhD in Applied Mathematics from Helsinki University of Technology in 1997. CARL ROLLENHAGEN, PhD, is Adjunct Professor of Risk and Safety at the Royal Institute of Technology. Dr. Rollenhagen has performed extensive research in the field of human factors and MTO (Man, Technology, and Organization) with a specific emphasis on safety culture and climate, event investigation methods, and organizational safety assessment.

The Reality of Precaution

The Reality of Precaution
Title The Reality of Precaution PDF eBook
Author James Hammit
Publisher Routledge
Pages 602
Release 2013-05-13
Genre Law
ISBN 1136522557

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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.