Science And Risk Regulation In International Law

Author : Jacqueline Peel
Publisher : Cambridge University Press
ISBN 13 : 113949323X
Total Pages : 417 pages
Book Rating : 4.39/5 ( download)

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Download or read book Science and Risk Regulation in International Law written by Jacqueline Peel and published by Cambridge University Press. This book was released on 2010-11-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

Author : Monika Ambrus
Publisher : Oxford University Press
ISBN 13 : 019251542X
Total Pages : 326 pages
Book Rating : 4.21/5 ( download)

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Download or read book Risk and the Regulation of Uncertainty in International Law written by Monika Ambrus and published by Oxford University Press. This book was released on 2017-10-27 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.

Author : M. B. A. van Asselt
Publisher : Routledge
ISBN 13 : 1849713618
Total Pages : 298 pages
Book Rating : 4.10/5 ( download)

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Download or read book Balancing Between Trade and Risk written by M. B. A. van Asselt and published by Routledge. This book was released on 2013 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The balancing act between trade and risk regulation will be increasingly important to students of law and social sciences as we move to a shared, interdisciplinary understanding. This systematic and genuinely interdisciplinary book examines the trade aspects of risk and the risk aspects of trade to aid a true understanding of the global, international and supranational dimensions of risk regulation.

Author : James Hammit
Publisher : Routledge
ISBN 13 : 1136522557
Total Pages : 602 pages
Book Rating : 4.50/5 ( download)

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Download or read book The Reality of Precaution written by James Hammit and published by Routledge. This book was released on 2013-05-13 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.

Author : Ellen Vos
Publisher : Routledge
ISBN 13 : 1135391521
Total Pages : 553 pages
Book Rating : 4.22/5 ( download)

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Download or read book Uncertain Risks Regulated written by Ellen Vos and published by Routledge. This book was released on 2009-01-26 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.

Author : D. Hornsby
Publisher : Palgrave Macmillan
ISBN 13 : 9781349441747
Total Pages : 260 pages
Book Rating : 4.40/5 ( download)

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Download or read book Risk Regulation, Science, and Interests in Transatlantic Trade Conflicts written by D. Hornsby and published by Palgrave Macmillan. This book was released on 2014-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: When regions like Canada, the US and the EU have disagreed over the legitimacy of risk perceptions they have placed science at the centre of international trade conflict. By looking across cases disputed and informally resolved, David Hornsby offers to deepen understanding of factors involved in risk based trade conflict.

Author : Barbara Berthoud
Publisher : Anchor Academic Publishing (aap_verlag)
ISBN 13 : 3954897202
Total Pages : 84 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Precautionary Principle in EU Risk Regulation written by Barbara Berthoud and published by Anchor Academic Publishing (aap_verlag). This book was released on 2014-07-18 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.

Author : Jonathan B. Wiener
Publisher : Routledge
ISBN 13 : 1136522565
Total Pages : 602 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Reality of Precaution written by Jonathan B. Wiener and published by Routledge. This book was released on 2013-05-13 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.

Author : Joakim Zander
Publisher : Cambridge University Press
ISBN 13 : 113949127X
Total Pages : pages
Book Rating : 4.73/5 ( download)

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Download or read book The Application of the Precautionary Principle in Practice written by Joakim Zander and published by Cambridge University Press. This book was released on 2010-08-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Monika Ambrus
Publisher : Oxford University Press
ISBN 13 : 0192515438
Total Pages : 326 pages
Book Rating : 4.38/5 ( download)

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Download or read book Risk and the Regulation of Uncertainty in International Law written by Monika Ambrus and published by Oxford University Press. This book was released on 2017-08-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.