Precautionary Principle

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Aline Jaeckel - One of the best experts on this subject based on the ideXlab platform.

Michelle Kaszuba - One of the best experts on this subject based on the ideXlab platform.

  • Implementing the Precautionary Principle.
    The Science of the total environment, 2002
    Co-Authors: Peter L Defur, Michelle Kaszuba
    Abstract:

    The Precautionary Principle can be found in international treaties that protect human health and the environment from a variety of pollutants and perturbations. One of the earliest forms of the Precautionary Principle was used in the 1980s in Europe to protect the North Sea. In 1992, the Rio Declaration specifically included the Precautionary Principle in calling on nations to protect the environment. The US articulation that best embodies this approach to environment and human health protection is the Wingspread statement: 'When an activity raises threats of harm to human health or the environment, Precautionary measures should be taken, even if some cause and effect relationships are not fully established scientifically.' The key element is the matter of acting in the face of uncertainty. Applications of the Precautionary Principle are not, however, new to US environmental policy and management. The present paper uses case studies to examine the application of the Precautionary Principle to environmental decisions. These cases range from ecosystem protection on the Charles River, Massachusetts, to the effort to prevent computer crashes at the end of the year 2000. These cases deal with the problem of uncertainty, whether concerning the cause, effect, systemic condition or multiple factors. Uncertainty represents one of the features that provoke controversy over these issues and the Precautionary Principle.

  • Implementing the Precautionary Principle.
    Science of The Total Environment, 2001
    Co-Authors: Peter L Defur, Michelle Kaszuba
    Abstract:

    The Precautionary Principle can be found in international treaties that protect human health and the environment from a variety of pollutants and perturbations.One of the earliest forms of the Precautionary Principle was used in the 1980s in Europe to protect the North Sea.In 1992, the Rio Declaration specifically included the Precautionary Principle in calling on nations to protect the environment.The US articulation that best embodies this approach to environment and human health protection is the Wingspread statement: ‘When an activity raises threats of harm to human health or the environment, Precautionary measures should be taken, even if some cause and effect relationships are not fully established scientifically.’ The key element is the matter of acting in the face of uncertainty. Applications of the Precautionary Principle are not, however, new to US environmental policy and management.The present paper uses case studies to examine the application of the Precautionary Principle to environmental decisions.These cases range from ecosystem protection on the Charles River, Massachusetts, to the effort to prevent computer crashes at the end of the year 2000.These cases deal with the problem of uncertainty, whether concerning the cause, effect, systemic condition or multiple factors.Uncertainty represents one of the features that provoke controversy over these issues and the Precautionary Principle. � 2002 Elsevier Science B.V. All rights reserved.

Sebastian Heselhaus - One of the best experts on this subject based on the ideXlab platform.

  • Nanomaterials and the Precautionary Principle in the EU
    Journal of Consumer Policy, 2010
    Co-Authors: Sebastian Heselhaus
    Abstract:

    This article focuses on the risks of nanomaterials and nanotechnologies, and the challenges they pose to European consumer law. These risks are exemplary for the sociological phenomenon of modern risk society, living under the condition of uncertainty with regard to the likelihood and the extent of possible negative effects. Generally, in law important functions in risk societies are fulfilled by the Precautionary Principle. It serves both, as a justification for state measures vis-à-vis other legal interests, especially economic human rights, and as a request for state action in response to possible risks. This paper will argue that the Precautionary Principle applies at least to health protection as a core part of consumer protection and basically EU law is well equipped to deal with uncertainties. This is established in case law and practice. However, although there is pressure to apply the Precautionary Principle to nanomaterials and nanotechnologies, the European Commission has adopted a rather modest approach. That has been criticized especially by the European Parliament. For dealing with the gap in basic research and methodology, this article suggests a burden sharing in financing taking into account both, the Precautionary Principle and the Principle of proportionality.

Martin Peterson - One of the best experts on this subject based on the ideXlab platform.

  • Is the Precautionary Principle a Midlevel Principle
    Ethics Policy & Environment, 2019
    Co-Authors: Per Sandin, Martin Peterson
    Abstract:

    ABSTRACTIn this article, we defend two claims about the Precautionary Principle. The first is that there is no ‘core’ Precautionary Principle that unifies all its different versions. It is more pla...

  • The Precautionary Principle
    Oxford Scholarship Online, 2017
    Co-Authors: Martin Peterson
    Abstract:

    This chapter identifies two very different paradigm cases for the Precautionary Principle that define two separate versions of the Principle: the deliberative and the epistemic. I argue that the deliberative version should not be identified with the maximin Principle but rather be interpreted as an output filter that transforms the original description of a case into a new case in which all options that may lead to outcomes below a certain threshold are omitted. The epistemic version is a cluster of at least three different epistemic Principles, which are introduced and defined by matching paradigm cases. By distinguishing between all these versions of the Precautionary Principle many of the objections that have been raised against it can be rebutted.

  • On the Epistemology of the Precautionary Principle
    Erkenntnis, 2015
    Co-Authors: J. Adam Carter, Martin Peterson
    Abstract:

    In this paper we present two distinctly epistemological puzzles that arise for one who aspires to defend some plausible version of the Precautionary Principle. The first puzzle involves an application of contextualism in epistemology; and the second puzzle concerns the task of defending a plausible version of the Precautionary Principle that would not be invalidated by de minimis .

  • should the Precautionary Principle guide our actions or our beliefs
    Journal of Medical Ethics, 2007
    Co-Authors: Martin Peterson
    Abstract:

    Two interpretations of the Precautionary Principle are considered. According to the normative (action-guiding) interpretation, the Precautionary Principle should be characterised in terms of what it urges doctors and other decision makers to do. According to the epistemic (belief-guiding) interpretation, the Precautionary Principle should be characterised in terms of what it urges us to believe. This paper recommends against the use of the Precautionary Principle as a decision rule in medical decision making, based on an impossibility theorem presented in Peterson (2005). However, the main point of the paper is an argument to the effect that decision theoretical problems associated with the Precautionary Principle can be overcome by paying greater attention to its epistemic dimension. Three epistemic Principles inherent in a Precautionary approach to medical risk analysis are characterised and defended.

  • The Precautionary Principle is incoherent
    Risk analysis : an official publication of the Society for Risk Analysis, 2006
    Co-Authors: Martin Peterson
    Abstract:

    This article argues that no version of the Precautionary Principle can be reasonably applied to decisions that may lead to fatal outcomes. In support of this strong claim, a number of desiderata are proposed, which reasonable rules for rational decision making ought to satisfy. Thereafter, two impossibility theorems are proved, showing that no version of the Precautionary Principle can satisfy the proposed desiderata. These theorems are directly applicable to recent discussions of the Precautionary Principle in medicine, biotechnology, environmental management, and related fields. The impossibility theorems do not imply, however, that the Precautionary Principle is of no relevance at all in policy discussions. Even if it is not a reasonable rule for rational decision making, it is possible to interpret the Precautionary Principle in other ways, e.g., as an argumentative tool or as an epistemic Principle favoring a reversed burden of proof.

René Von Schomberg - One of the best experts on this subject based on the ideXlab platform.

  • Implementing the Precautionary Principle - Implementing the Precautionary Principle
    2006
    Co-Authors: Elizabeth Fisher, Judith S Jones, René Von Schomberg
    Abstract:

    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.

  • implementing the Precautionary Principle
    Research Papers in Economics, 2006
    Co-Authors: Elizabeth Fisher, Judith Jones, René Von Schomberg
    Abstract:

    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.

  • The Precautionary Principle and its Normative Challenges
    2006
    Co-Authors: René Von Schomberg
    Abstract:

    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.

  • The Precautionary Principle and its Normative Challenges
    Implementing the Precautionary Principle, 1
    Co-Authors: René Von Schomberg
    Abstract:

    This contribution aims to provide a comprehensive overview of the normative dimensions which need to be addressed while invoking the Precautionary Principle, implementing it under particular regulatory frameworks and applying it by taking particular measures. This contribution is written from the perspective of a policy analyst, and informed by an EU practice which is still evolving. In the second section, I will make an overview he normative challenges the Precautionary Principle faces in terms of deliberation at the levels of politics, policy making and the science-policy interface. In the third section, I will elaborate more specifically on one of the normative considerations which can trigger of the Precautionary Principle, namely ‘a reasonable grounds for concern’ which refers to the seriousness of particular threats under circumstances of scientific uncertainty. In the fourth section, I will elaborate on the normative standards for the acceptability of a particular level of protection of the environment or human health. I conclude with an operational definition of the Precautionary Principle on which all EU policy can, and should be based. The Precautionary Principle is a deliberative Principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the Principle operational in the public policy context. The term ‘normative’ refers here to all the prescriptive statements and or value judgements in contrast to factual scientific statements.

  • Implementing the Precautionary Principle: Perspectives and Prospects
    Implementing the Precautionary Principle, 1
    Co-Authors: Elizabeth Fisher, Judith S Jones, René Von Schomberg
    Abstract:

    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.