The application of the precautionary principle in practice : comparative dimensions / Joakim Zander.
2010
K3289 .Z36 2010 (Map It)
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Details
Author
Title
The application of the precautionary principle in practice : comparative dimensions / Joakim Zander.
Published
Cambridge ; New York : Cambridge University Press, 2010.
Call Number
K3289 .Z36 2010
Former Call Number
Comp 935 Z15 2010
ISBN
9780521768535
0521768535
9780511918407 (e-book)
0511918402 (e-book)
0521768535
9780511918407 (e-book)
0511918402 (e-book)
Description
xxxi, 376 pages ; 24 cm
System Control No.
(OCoLC)607985474
Summary
"A topical overview of the legal definition of the precautionary principle, notably in relation both to European Community law and to international law, with special reference in the latter to the WTO regime and international environmental law. The author then goes on to offer a more detailed study of its application within three specific regulatory regimes within the United Kingdom, the United States and Sweden"-- Provided by publisher.
"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 USA. 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, foreseeablility, 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"-- Provided by publisher.
"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 USA. 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, foreseeablility, 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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
Acknowledgements
x
Abbreviations
xii
Table of Cases
xv
International Court of Justice and other International Tribunals
xv
Appellate Body Reports
xv
WTO Panel Reports
xvi
European Union
xvi
United Kingdom
xvii
United States of America
xviii
Sweden
xx
Table of Legislation
xxi
Other sources
xxi
EU Legislation and Soft Law
xxiii
Treaties
xxiii
Regulations
xxiii
Directives
xxiii
Decisions
xxiv
Communications of the Commission
xxv
Other
xxv
Swedish Legislation, preparatory work, etc.
xxvi
Legislative Acts
xxvi
Decrees
xxvi
Preparatory Works
xxvi
Other
xxvii
United Kingdom
xxviii
Legislative Acts
xxviii
Regulations and Orders
xxviii
Other
xxviii
United States of America
xxx
Legislative Acts
xxx
Executive Orders
xxx
Other
xxx
1.
Introduction
1
2.
Risk and uncertainty: basic concepts and tools for the application of the precautionary principle
8
2.1.
Introduction
8
2.2.
Fundamental concepts
9
2.3.
Striking a balance in risk regulation
17
2.4.
Attempts at defining the precautionary principle
26
2.5.
Conclusion
31
3.
The precautionary principle in international law
33
3.1.
Introduction
33
3.2.
International environmental law
34
3.3.
WTO law
39
3.4.
Conclusion
72
4.
The precautionary principle in EU law
76
4.1.
Introduction
76
4.2.
Treaties, legislation and soft law
78
4.3.
EU case law
103
4.4.
Conclusions
148
5.
The precautionary principle in Sweden
152
5.1.
The development and status of the precautionary principle in Sweden
152
5.2.
Swedish pesticide regulation
176
5.3.
Swedish regulation of base stations
198
6.
The precautionary principle in the United Kingdom
215
6.1.
The development and status of the precautionary principle in the United Kingdom
215
6.2.
UK pesticides regulation
233
6.3.
UK regulation of base stations
250
7.
The precautionary principle in the United States
267
7.1.
The development and status of the precautionary principle in the United States
267
7.2.
US pesticides regulation
296
7.3.
US regulation of base stations
309
8.
Conclusions
327
8.1.
International law
328
8.2.
EU law
330
8.3.
The national legal systems
332
8.4.
The different types of the precautionary principle
344
8.5.
Which way forward?
346
Bibliography
349
Index
366