Adjudication of the Precautionary Principle in the EU and the WTO : Judicial review of administrative use of scientific evidence when adopting precautionary measures
Institution: | University of Oslo |
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Department: | |
Year: | 1000 |
Keywords: | VDP::340 |
Record ID: | 1276523 |
Full text PDF: | https://www.duo.uio.no/handle/10852/20787 https://www.duo.uio.no/bitstream/10852/20787/2/Spesialoppgave11.pdf |
Focusing on the development of the precautionary principle in EC and WTO case law, the primary goal of this paper is by analysis identify the legal significance of the precautionary principle in respect of (i) the judiciary s requirements as to the properties of scientific risk assessments and administrative assessment of risks; and (ii) the nature and extent of the discretion accorded the competent authorities in their assessment and use of scientific risk assessments and evidence. The objects of scrutiny are important cases of the EC Courts and landmark cases of the WTO Appellate Body pertaining to application of the Precautionary Principle.