Category Archives: Precautionary Principle

Environmental Principles and Environmental Justice (Pedersen)

Author

Ole W Pedersen

Keywords

Environmental justice, precautionary principle, polluter pays principle and sustainable development

Abstract

This paper aims at analysing the congruence between the well-established environmental law principles of precaution, prevention, polluter pays and sustainable development and environmental justice. While much can be said (and much has been said) about the principles, the aim of this paper is not to provide a full-fledged analysis of the principles. Instead, this paper aims to start a debate on the role of environmental justice as a concept and its compatibility with the more well-established norms of environmental policy and law. The reason for this is two-fold. Firstly, in light of the emergence of environmental justice as a concept in the UK and Europe, it is important to attempt to define the boundaries and meaning of the concept. Secondly, while environmental justice and its emphasis on fair distribution and processes on the face of it seems benign, it is important to subject the concept to critical scrutiny, given the possible implications of its claims of injustices. Equally, given the pervasiveness of the well-established environmental principles it becomes relevant to question these principles in the name of justice in an attempt to further debate about their longevity. The paper argues that for all three of the principles a comparison with environmental justice gives rise to conflicts as well as conformity. The main reason for this is the inherent ambiguity and inconsistency of environmental justice and the three principles.

Citation

Environmental Principles and Environmental Justice (April 20, 2010).

Publication

Environmental Principles and Environmental Justice

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Our Simmering Planet: What to do about Global Warming? (J. Gupta)

Author

Joyeeta Gupta

Keywords

Climate change, environmental disasters, weather, global warming, precautionary principle

Abstract

Heat waves in Delhi and Athens. Hurricane Mitch in Central America and tornadoes in the USA. Floods in Britain and China. All unprecedented in severity. Unprecedented in frequency. What is happening to the world‘s weather? What are the world‘s governments doing about it? This book takes us through the science, and behind the politics, to explore:

* Climate instability: do we need to worry?

* Global warming: what is the evidence?

* The likely impact of increases in average temperatures, rising oceans, shifts in rainfall patterns — not just on lowlying countries and islands in both the industrialised and developing countries, but on all regions of the world.

* Most important of all, what can be done? What is the precautionary principle? What are scientists recommending? What are the disagreements among them, and among governments? Why are our politicians failing – at the climate change negotiations at Kyoto, the Hague and right now – to settle on effective, rather than cosmetic, action?

This book makes clear for the general reader what is at stake; the difficulties of concerted action; the varying concerns of countries North and South; and the urgent necessity for all of us to press our politicians to take climate instability seriously.

Citation

Joyeeta Gupta, Our Simmering Planet: What to do about Global Warming? (Zed Books, 2006)

Book

Our Simmering Planet: What to do about Global Warming?

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Security of the person, peace of mind: a precautionary approach to environmental uncertainty (L. Collins)

Author

Lynda M Collins

Keywords

Rio, precautionary principle, environmental risk, security of the person, Aamjiwnaang, psychological integrity, human rights

Abstract

This article assesses the evolution of precautionary environmental human rights in the twenty years since Rio, with a focus on security of the person. In particular, the author argues that where there is evidence of a significant environmental threat to human health, coupled with scientific uncertainty regarding the existence, mechanism, or scope of the risk involved, the security of the person of exposed individuals is violated. Taking a precautionary approach to security of the person, and recognizing the integral role of psychology in human wellbeing, the author argues that the requirement to live daily with uncertainty regarding the safety of such fundamentals as air, water and soil violates the psychological integrity of affected communities, and amounts to an infringement of security of the person as protected in both national constitutions and international human rights instruments.

Citation

(2013) 4/1 Journal of Human Rights and the Environment 79-100

Paper

Security of the person, peace of mind: a precautionary approach to environmental uncertainty

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GMO, regulation & free trade: a saga for our times (M. Stallworthy)

Author

Mark Stallworthy

Keywords

Food; Environment; International trade; Science;EC law; Food safety; Genetically modified organisms; Precautionary principle; Risk management; United States

Abstract

Examines genetically modified food policies in the UK and EU focusing on the management of risk and the precautionary principle. Considers the likelihood of trade pressures from biotechnology companies and from the US . Discusses the influence of the Cartagena Protocol on Biosafety 2000.

Citation

(2003) 14(7) International Company and Commercial Law Review 223-228

Paper

Genetically modified food, regulation and free trade: a saga for our times

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Mobile phone base stations and precautionary principle in the light of a civil court’s … (N.Turgut)

Author

Nukhet Yilmaz Turgut.

Keywords

Electromagnetic fields; environmental law; environment; mobile telephones; precautionary principle; public health; telecommunications masts; Turkey.

Abstract

Explores the application of the precautionary principle by legislators and public administrators responding to public health concerns arising out of the siting of mobile telephone masts. Notes the lack of consensus on the dangers of such masts and the conflict between public health concerns and the economic interests of mast operators. Surveys the approach of some legislators to the matter, including the EU and the World Health Organisation. Focuses on a Turkish court decision on whether two masts sited on the roof of the country’s supreme court building should be removed.

Citation

(2008) 3 Journal of Business Law, 269-289.

Paper

Mobile phone base stations and precautionary principle in the light of a civil court’s judgment.

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