Implementing the precautionary principle : perspectives and prospects

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Bibliographic Information

Implementing the precautionary principle : perspectives and prospects

edited by Elizabeth Fisher, Judith Jones, René von Schomberg

E. Elgar, c2006

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Includes bibliographical references and index

Description and Table of Contents

Description

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.

Table of Contents

Contents: Preface 1. Implementing the Precautionary Principle: Perspectives and Prospects Elizabeth Fisher, Judith Jones and Rene von Schomberg PART I: GENERAL IMPLICATIONS OF THE PRECAUTIONARY PRINCIPLE FOR PUBLIC DECISION MAKING 2. The Precautionary Principle and its Normative Challenges Rene 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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