Science and Risk Regulation in International Law

Science and Risk Regulation in International Law

Author: Jacqueline Peel

Publisher: Cambridge University Press

Published: 2010-11-04

Total Pages: 417

ISBN-13: 113949323X

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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.


The Reality of Precaution

The Reality of Precaution

Author: Jonathan Baert Wiener

Publisher: Routledge

Published: 2011

Total Pages: 602

ISBN-13: 1933115866

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First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.


The Constitution of Risk

The Constitution of Risk

Author: Adrian Vermeule

Publisher: Cambridge University Press

Published: 2014

Total Pages: 209

ISBN-13: 1107043727

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The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.


The Precautionary Principle in EU Risk Regulation

The Precautionary Principle in EU Risk Regulation

Author: Barbara Berthoud

Publisher: Anchor Academic Publishing (aap_verlag)

Published: 2014-07-18

Total Pages: 84

ISBN-13: 3954897202

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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.


International Law in Financial Regulation and Monetary Affairs

International Law in Financial Regulation and Monetary Affairs

Author: Thomas Cottier

Publisher: Oxford University Press

Published: 2012-10-04

Total Pages: 470

ISBN-13: 0199668191

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Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.


Strengthening a Workforce for Innovative Regulatory Science in Therapeutics Development

Strengthening a Workforce for Innovative Regulatory Science in Therapeutics Development

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2012-04-04

Total Pages: 118

ISBN-13: 0309222176

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The development and application of regulatory science - which FDA has defined as the science of developing new tools, standards, and approaches to assess the safety, efficacy, quality, and performance of FDA-regulated products - calls for a well-trained, scientifically engaged, and motivated workforce. FDA faces challenges in retaining regulatory scientists and providing them with opportunities for professional development. In the private sector, advancement of innovative regulatory science in drug development has not always been clearly defined, well coordinated, or connected to the needs of the agency. As a follow-up to a 2010 workshop, the IOM held a workshop on September 20-21, 2011, to provide a format for establishing a specific agenda to implement the vision and principles relating to a regulatory science workforce and disciplinary infrastructure as discussed in the 2010 workshop.


International Courts and Environmental Protection

International Courts and Environmental Protection

Author: Tim Stephens

Publisher: Cambridge University Press

Published: 2009-02-12

Total Pages: 459

ISBN-13: 0521881226

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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.


Risk and the Regulation of Uncertainty in International Law

Risk and the Regulation of Uncertainty in International Law

Author: Mónika Ambrus

Publisher: Oxford University Press

Published: 2017

Total Pages: 305

ISBN-13: 0198795890

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International law is a system of rules and principles that regulates behaviour between international actors in the present, but is based on what is expected to happen in the future. This book explores how risk and uncertainty are imagined, articulated, and managed across the various fields of international law.


Regulation Versus Litigation

Regulation Versus Litigation

Author: Daniel P. Kessler

Publisher: University of Chicago Press

Published: 2011-02

Total Pages: 344

ISBN-13: 0226432181

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The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.


The Application of the Precautionary Principle in Practice

The Application of the Precautionary Principle in Practice

Author: Joakim Zander

Publisher: Cambridge University Press

Published: 2010-08-19

Total Pages:

ISBN-13: 113949127X

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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.