From principle to action: applying the precautionary principle to agricultural biotechnology

Barrett, Katherine; Raffensperger, Carolyn

doi:10.1504/ijbt.2002.000176

Cited by 6 publications

(19 citation statements)

References 16 publications

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“…Of these elements, uncertainty seems to be the key (de Sadeleer, 2007c, p. 4; Scott, 2005a, p. 57; Sunstein, 2005, p. 24). Although, uncertainty may be broadly defined to include ignorance, some minimal apprehension of risk, in other words some form of threshold uncertainty, must exist to trigger the PP (Barrett, 1999, p. 63; Kiss and Shelton, 2004, p. 212; Ricci et al , 2003, p. 5; Steele, 2006, p. 19; Sunstein, 2005, p. 24; Trouwborst, 2006, p. 117) 10…”

Section: The Precautionary Principlementioning

confidence: 99%

“…During the periods of uncertainty, the PP promotes risk‐neutral action and, when faced with options, the PP favours the most risk‐reducing option (Goklany, 2002). Selecting the appropriate action may require an assessment of cost effectiveness (O'Riordan and Cameron, 1994), especially for weaker versions of the PP (Barrett, 1999, p. 60; Ricci et al , 2003, p. 3).…”

Section: The Precautionary Principlementioning

confidence: 99%

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The Precautionary Principle in Patent Law: A View from Canada

Murphy

2009

World Intellectual Property

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The precautionary principle (PP) has rapidly emerged as a staple of international environmental law and attempts have been made to extend it into other fields. This article examines whether the PP can or should be extended into patent law. First, an assessment of the general arguments in favour of extending the PP into patent law is performed, followed by an analysis of its applicability within Canadian patent law as it is currently enacted. Then, the arguments against a precautionary patent law are scrutinized.

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Section: The Precautionary Principlementioning

confidence: 99%

Section: The Precautionary Principlementioning

confidence: 99%

The Precautionary Principle in Patent Law: A View from Canada

Murphy

2009

World Intellectual Property

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“…Many PP proponents reject the incorporation of economic considerations or risk assessment into the PP (Barrett and Raffensperger 2002;Santillo et al 1998). This disagreement between the EU, the strongest governmental proponent of the PP, and many leading nongovernmental PP supporters further confirms the unsettled meaning of the PP.…”

Section: Inherent Ambiguity Of the Precautionary Principlementioning

confidence: 99%

“…Some proponents of the PP defend against its ambiguity by arguing that the principle is not intended to provide a legal decision-making rule but rather provides only a general guiding policy that must be implemented through other means (Barrett and Raffensperger 2002;von Moltke 1996). The objections to the PP would be much more subdued if the principle were indeed confined to such a general policy role.…”

Section: Progression From General Policy To Legal Rulementioning

confidence: 99%

“…Yet another possibility would be to continue to apply the PP in its current vague form and hope that repeated application of the PP will eventually lead to the development of some consistent criteria for its application (Barrett and Raffensperger 2002). If a central premise of the PP is that uncertainty about risk is an inadequate reason to delay regulation, some PP proponents may likewise argue that uncertainty about the meaning of the PP is an inadequate reason for delaying its implementation.…”

Section: The Future Of Precautionmentioning

confidence: 99%

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From general policy to legal rule: aspirations and limitations of the precautionary principle.

Marchant

2003

Environ Health Perspect

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The rapid spread of the precautionary principle (PP) demonstrates the need to explicitly address the role of precaution in environmental decision making. Unfortunately, the PP in its current form is limited by the vagueness of, and variations in, the many formulations of the PP. This ambiguity in the meaning of the PP would not be so serious if the PP were limited to a general aspirational policy, but in every jurisdiction that has adopted the PP it has been transformed rapidly into a binding legal rule. As a legal rule, the ambiguity of the PP results in arbitrary application by regulatory agencies and reviewing courts and limits the capability of reviewing courts to perform their function in overseeing agency actions. To improve the explicit application of precaution, we must go beyond the current form of the PP and attempt to define the factors that weigh in favor of more or less precaution for specific risks. Key words: environmental policy, law precautionary principle, risk management.

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John Snow, the Broad Street pump and the precautionary principle

Goldstein

2012

Environmental Development

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From principle to action: applying the precautionary principle to agricultural biotechnology

Cited by 6 publications

References 16 publications

The Precautionary Principle in Patent Law: A View from Canada

The Precautionary Principle in Patent Law: A View from Canada

From general policy to legal rule: aspirations and limitations of the precautionary principle.

John Snow, the Broad Street pump and the precautionary principle

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