Different kinds op precaution - A comparative analysis of the application of the precautionary principle in five different legal orders
Promovendus: Dhr. J. Zander
Promotor: Mw. Prof.Dr. E.I.L. Vos
Duur: 1/1/2002 - 31/12/2006
Promotie: Maastricht, 17/4/2009
The project compares how the precautioanry principle has been applied in the field of pesticide regulation and the regulation of base stations in Sweden, the UK and the US. These approaches are then compared to how the precautioanry principle has been expressed in the EU as well as in WTO regime. The discrepancies between how the principle is being applied in different legal orders, as well as in different policy areas in the same legal order, cast serious doubt of the usefulness of viewing the precautioanary principle as a legal principle in the traditional sense. Other problems with for example effective judicial review and foreseeablility are also discussed.