Green Giants?: Environmental Policies of the United States by Norman J. Vig, Michael Gebert Faure
By Norman J. Vig, Michael Gebert Faure
An exam of present environmental coverage tendencies within the usa and the ecu Union and the consequences for destiny transatlantic and international cooperation
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Additional resources for Green Giants?: Environmental Policies of the United States and the European Union
Sample text
App. LEXIS 6028 (20 F. S. ” 24 Theofanis Christoforou In the European Community, the European Court of Justice held for the first time in 1985 in the Waste Oils case [240/83 (1985) ECR 531] that the protection of the environment is one of the essential objectives of the Community, which as such may justify certain limitations on the principle of free movement of goods. ” In the Mirepoix case [54/85 (1986) ECR 1067 at paragraphs 13–14] the European Court of Justice accepted that “pesticides constitute a major risk to human and animal health and to the environment,” and in the case of scientific uncertainty, because “the quantities absorbed by the consumer can neither be predicted nor controlled” it justified strict measures intended to reduce the risks faced by the consumer, provided that the member state undertook to review the prohibition when new information from scientific research became available.
This requires that appropriate consideration be given to the interaction between the level of acceptable risk and the lack of conclusive evidence on risk and causality. 82 Therefore, the precautionary principle in the European Community legal system plays an important role in that it gives the regulated or potentially affected natural or legal persons the means to control, if necessary by court action, the way risk management agencies make their normative decisions when they evaluate scientific uncertainty and risk, as well as in the way they balance costs and benefits.
European Commission, Communication on the Precautionary Principle, COM (2000) 1 final (Brussels: European Commission, 2000); European Environment Agency, Late Lessons from Early Warnings: The Precautionary Principle 1896–2000 (Brussels: European Commission, 2001); C. Larrere, “Le Contexte Philosophique du Principe de Précaution,” in C. Leben and J.