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The Application of the Precautionary Principle in Practice : Comparative Dimensions - Joakim Zander

The Application of the Precautionary Principle in Practice

Comparative Dimensions

Hardcover Published: 1st October 2010
ISBN: 9780521768535
Number Of Pages: 408

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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 US. 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, foreseeability, 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.

'This book has advanced our understanding of the legal scope and application of the principle and is an essential text for environmental lawyers and practitioners as well as researchers, policy makers and students with an interest in environmental and public health regulation.' Environmental Liability
'Zander's proposal hits the nail on the head.' The Cambridge Law Journal

Acknowledgementsp. x
Abbreviationsp. xii
Table of Casesp. xv
International Court of Justice and other International Tribunalsp. xv
WTO Appellate Body Reportsp. xv
WTO Panel Reportsp. xvi
European Unionp. xvi
United Kingdomp. xvii
United States of Americap. xviii
Swedenp. xx
Table of Legislationp. xxi
Other sourcesp. xxi
EU Legislation and Soft Lawp. xxiii
Treatiesp. xxiii
Regulationsp. xxiii
Directivesp. xxiii
Decisionsp. xxiv
Communications of the Commissionp. xxv
Otherp. xxv
Swedish Legislation, preparatory work, etc,p. xxvi
Legislative Actsp. xxvi
Decreesp. xxvi
Preparatory Worksp. xxvi
Otherp. xxvii
United Kingdomp. xxviii
Legislative Actsp. xxviii
Regulations and Ordersp. xxviii
Otherp. xxviii
United States of Americap. xxx
Legislative Actsp. xxx
Executive Ordersp. xxx
Otherp. xxx
Introductionp. 1
Risk and uncertainty: basic concepts and tools for the application of the precautionary principlep. 8
Introductionp. 8
Fundamental conceptsp. 9
Striking a balance in risk regulationp. 17
Attempts at defining the precautionary principlep. 26
Conclusionp. 31
The precautionary principle in international lawp. 33
Introductionp. 33
International environmental lawp. 34
WTO lawp. 39
Conclusionp. 72
The precautionary principle in EU lawp. 76
Introductionp. 76
Treaties, legislation and soft lawp. 78
EU case lawp. 103
Conclusionsp. 148
The precautionary principle in Swedenp. 152
The development and status of the precautionary principle in Swedenp. 152
Swedish pesticide regulationp. 176
Swedish regulation of base stationsp. 198
The precautionary principle in the United Kingdomp. 215
The development and status of the precautionary principle in the United Kingdomp. 215
UK pesticides regulationp. 233
UK regulation of base stationsp. 250
The precautionary principle in the United Statesp. 267
The development and status of the precautionary principle in the United Statesp. 267
US pesticides regulationp. 296
US regulation of base stationsp. 309
Conclusionsp. 327
International lawp. 328
EU lawp. 330
The national legal systemsp. 332
The different types of the precautionary principlep. 344
Which way forward?p. 346
Bibliographyp. 349
Indexp. 366
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521768535
ISBN-10: 0521768535
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 408
Published: 1st October 2010
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 23.4 x 15.8  x 2.3
Weight (kg): 0.77
Edition Number: 1