Implementing the Precautionary Principle
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Implementing the Precautionary Principle

Perspectives and Prospects

9781845427023 Edward Elgar Publishing
Edited by Elizabeth Fisher, Corpus Christi College, University of Oxford, UK, Judith Jones, The Australian National University, Canberra, Australia and René von Schomberg, Directorate General for Research and Innovation, European Commission, Belgium and Guest Professor Technical University Darmstadt, Germany
Publication Date: 2006 ISBN: 978 1 84542 702 3 Extent: 352 pp
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, it explores 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, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels.

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Critical Acclaim
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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, it explores 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, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels.

Bringing together authors from both policy making and academia and from a wide range of disciplines and jurisdictions, this book will be of interest to academic scholars interested in environmental policy, law and politics.
Critical Acclaim
‘. . . this book represents a welcome addition to the literature on PP and is recommended for readers interested in risk assessment, decision making and the precautionary principle.’
– Krishna Ravi Srinivas, Political Studies Review
Contributors
Contributors: S. Bronitt, R. Cooney, S. Dovers, E. Fisher, O. Godard, W. Gullett, R. Harding, J. Jones, D. Kriebel, J. McDonald, J. Peel, O. Renn, A. Rip, A. Stirling, J. Tickner, W. Turkenburg, J. van der Sluijs, P. van Zwandenberg, R. von Schomberg
Contents
Contents:

Preface

1. Implementing the Precautionary Principle: Perspectives and Prospects
Elizabeth Fisher, Judith Jones and René von Schomberg

PART I: GENERAL IMPLICATIONS OF THE PRECAUTIONARY PRINCIPLE FOR PUBLIC DECISION MAKING
2. The Precautionary Principle and its Normative Challenges
René von Schomberg

3. The Role of Science and Precaution in Environmental and Public Health Policy
Joel Tickner and David Kriebel

4. The Precautionary Principle and Catastrophism on Tenterhooks: Lessons from Constitutional Reform in France
Olivier Godard

5. Precautionary Policy Assessment for Sustainability
Stephen Dovers

PART II: THE CHALLENGES INVOLVED IN IMPLEMENTING THE PRECAUTIONARY PRINCIPLE
6. The Precautionary Principle and Administrative Constitutionalism: The Development of Frameworks for Applying the Precautionary Principle
Elizabeth Fisher and Ronnie Harding

7. The Burden and Standard of Proof in Environmental Regulation: The Precautionary Principle in an Australian Administrative Context
Judith Jones and Simon Bronitt

8. Tr(e)ading Cautiously: Precaution in WTO Decision Making
Jan McDonald

9. The Threshold Test of the Precautionary Principle in Australian Courts and Tribunals: Lessons for Judicial Review
Warwick Gullett

10. Precautionary Only in Name? Tensions between Precaution and Risk Assessment in the Australian GMO Regulatory Framework
Jacqueline Peel

PART III: PROSPECTIVE APPLICATIONS OF THE PRECAUTIONARY PRINCIPLE IN SPECIFIC FIELDS
11. A Long and Winding Road? Precaution from Principle to Practice in Biodiversity Conservation
Rosie Cooney

12. Climate Change and the Precautionary Principle
Jeroen van der Sluijs and Wim Turkenburg

13. The Tension between Fiction and Precaution in Nanotechnology
Arie Rip

14. A Framework for the Precautionary Governance of Food Safety: Integrating Science and Participation in the Social Appraisal of Risk
Andy Stirling, Ortwin Renn and Patrick van Zwanenburg

Index
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