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The Precautionary Principle

NICOLAS DE SADELEER

in Environmental Principles: From Political Slogans to Legal Rules

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199254743
eISBN:
9780191719851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254743.003.03
Subject:
Law, Environmental and Energy Law

This chapter explains that precaution is the end point of a range of public measures intended to counter ecological damage. It reviews the definitions given to the principle in various legal systems, ... More


Precaution and the SPS Agreement

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the ... More


The Challenge of Effective Implementation

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0004
Subject:
Political Science, Political Theory

Responds to critical claims that constitutionalising the right to an adequate environment would not be prudent due to difficulties making it justiciable and difficulties that could make success on ... More


Precautionary Principle

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0021
Subject:
Law, EU Law, Constitutional and Administrative Law

While the precautionary principle is found in some legal systems, such as Germany, it is nonetheless relatively novel as a precept of administrative law. It has however become of increased importance ... More


Knowledge, Beliefs, and Responsibility

Steve Vanderheiden

in Atmospheric Justice: A Political Theory of Climate Change

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195334609
eISBN:
9780199868759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334609.003.0006
Subject:
Political Science, Environmental Politics

This chapter examines three primary issues raised by some of the conditions that are often assumed to be necessary for attributions of responsibility: first, that persons are largely ignorant of the ... More


Genetically Modified Organisms and Risk

Karen Morrow

in The Regulation of Genetically Modified Organisms: Comparative Approaches

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199542482
eISBN:
9780191594342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542482.003.0004
Subject:
Law, Environmental and Energy Law

This chapter considers the concept of risk as it applies to the regulation of GMOs. In so doing, it examines the oftentimes problematic, yet still dominant, hybrid scientific and political ... More


Using Food Labels to Regulate Risks

Paul Weirich

in Labeling Genetically Modified Food: The Philosophical and Legal Debate

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195326864
eISBN:
9780199870325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195326864.003.0012
Subject:
Philosophy, Moral Philosophy

Many food products contain genetically modified corn and soybeans. Corn plants are modified to resist pests, and soybean plants are modified to tolerate herbicides. In the United States food labels ... More


Environmental Principles: From Political Slogans to Legal Rules

Nicolas de Sadeleer

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199254743
eISBN:
9780191719851
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254743.001.0001
Subject:
Law, Environmental and Energy Law

This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since ... More


The Challenge of Regulatory Legitimacy III

Roger Brownsword

in Rights, Regulation, and the Technological Revolution

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199276806
eISBN:
9780191707605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276806.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter begins by examining the harm principle and the precautionary principle as candidate unproblematic regulative standards for pluralistic communities. It then considers how the ideas of ... More


International Fisheries Law since Rio: The Continued Rise of the Precautionary Principle

David Freestone

in International Law and Sustainable Development: Past Achievements and Future Challenges

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298076
eISBN:
9780191685378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298076.003.0007
Subject:
Law, Environmental and Energy Law

The emergence of the precautionary principle in international environmental policy has been one of the most remarkable developments of the last decade, and arguably one of the most significant in the ... More


A Precautionary Tale—The Role of the Precautionary Principle in Policy-Making for Public Health

Denis Fischbacher-Smith and Kenneth Calman

in Risk Communication and Public Health

Published in print:
2010
Published Online:
February 2010
ISBN:
9780199562848
eISBN:
9780191722523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562848.003.13
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter examines some of the issues arising from the relationship between fear and perceptions of risk, and the implications that the precautionary principle might have in shaping the conflict ... More


Socio-Legal Factors Influencing US and EU Law and Policymaking

Cinnamon Piñon Carlarne

in Climate Change Law and Policy: EU and US Perspectives

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199553419
eISBN:
9780191594984
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199553419.003.0008
Subject:
Law, Environmental and Energy Law, Private International Law

Questions of how and why the EU and the US are responding to climate change and what socio-political factors drive these choices remain underexplored. To better understand convergences and ... More


The Juridification of Uncertainty: Observations on the Ambivalence of the Precautionary Principle within the EU and the WTO

Joanne Scott and Ellen Vos

in Good Governance in Europe's Integrated Market

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199246083
eISBN:
9780191697548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246083.003.0009
Subject:
Law, EU Law

Few legal concepts have achieved the notoriety of the precautionary principle. Praised by some, disparaged by others, the principle is deeply ambivalent and infinitely malleable. The principle has ... More


Regulating Human Genetics in a Neo-Eugenic Era

Han Somsen

in New Technologies and Human Rights

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562572
eISBN:
9780191705328
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562572.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration

This chapter maps out the bioethical battleground that surrounds genetic reproductive technologies. Focusing on pre-implantation genetic diagnosis (PGD), and drawing on the experience of the EU and ... More


Regulating from Nowhere: Environmental Law and the Search for Objectivity

Douglas A. Kysar

Published in print:
2010
Published Online:
October 2013
ISBN:
9780300120011
eISBN:
9780300163308
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300120011.001.0001
Subject:
Political Science, Environmental Politics

Drawing insight from a diverse array of sources—including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies—this book offers a new theoretical ... More


The European Union Regulatory Regime for Genetically Modified Organisms and its Integration into Community Food Law and Policy

Marine Friant-Perrot

in The Regulation of Genetically Modified Organisms: Comparative Approaches

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199542482
eISBN:
9780191594342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542482.003.0005
Subject:
Law, Environmental and Energy Law

The European Union has now put in place an extensive regime for the regulation of GMOs and this chapter provides an overview of that regime. In particular, it maps out the legislation which ... More


The Precautionary Principle

Paul Craig

in EU Administrative Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296811
eISBN:
9780191700811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296811.003.0019
Subject:
Law, EU Law

This chapter focuses on the precautionary principle. It begins by examining the development of the precautionary principle and its ... More


The Precautionary Principle and Its Critics

Emily C. Parke and Mark A. Bedau

in The Ethics of Protocells: Moral and Social Implications of Creating Life in the Laboratory

Published in print:
2009
Published Online:
August 2013
ISBN:
9780262012621
eISBN:
9780262255301
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262012621.003.0005
Subject:
Biology, Bioethics

This chapter outlines various arguments for and against the precautionary principle. It specifically explains the nature and proper use of the precautionary principle. This chapter suggests that some ... More


A New Virtue-Based Understanding of the Precautionary Principle

Per Sandin

in The Ethics of Protocells: Moral and Social Implications of Creating Life in the Laboratory

Published in print:
2009
Published Online:
August 2013
ISBN:
9780262012621
eISBN:
9780262255301
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262012621.003.0006
Subject:
Biology, Bioethics

This chapter defends a new virtue-based understanding of the precautionary principle. It describes three types of precautionary principles (rules of choice, epistemic rules or principles and ... More


European Community Legislation for Traceability and Labeling of Genetically Modifi ed Crops, Food, and Feed

Margaret Rosso Grossman

in Labeling Genetically Modified Food: The Philosophical and Legal Debate

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195326864
eISBN:
9780199870325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195326864.003.0004
Subject:
Philosophy, Moral Philosophy

This chapter discusses European Community legislation for traceability and labeling of genetically modified crops, food, and feed. After a brief discussion of EC law making and the role of the ... More


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