Arbitrary and Capricious The Precautionary Principle in the European Union Courts,9780844741895

Arbitrary and Capricious The Precautionary Principle in the European Union Courts

by ;
ISBN13: 9780844741895
ISBN10: 0844741892
Format: Paperback
Pub. Date: 2004-01-01
Publisher(s): Aei Press
List Price: $20.00

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Summary

This study examines how the European Union has used the precautionary principle in legal decisions.

Author Biography

Gary E. Marchant is a professor of law at the Arizona State University College of Law in Tempe, Arizona.

Table of Contents

ACKNOWLEDGMENTS vii
1. INTRODUCTION 1(3)
2. THE PRECAUTIONARY PRINCIPLE: BACKGROUND 4(15)
The Extraordinary Rise and Spread of the Precautionary Principle
5(1)
Evolution of the Precautionary Principle
6(1)
The Rationale behind the Precautionary Principle
7(2)
The Inherent Ambiguity of the Precautionary Principle
9(5)
An Invitation to Arbitrariness
14(5)
3. THE PRECAUTIONARY PRINCIPLE IN THE EUROPEAN UNION 19(8)
Brief Overview of the EU's Institutions
19(3)
The EU's Adoption and Implementation of the Precautionary Principle
22(5)
4. THE EUROPEAN UNION COURTS AND THE PRECAUTIONARY PRINCIPLE: OVERVIEW 27(17)
Definition of the Precautionary Principle
28(3)
Requirements of the Precautionary Principle
31(2)
Significance of the Precautionary Principle
33(7)
Opportunity for Meaningful Judicial Review of the Precautionary Principle
40(1)
The Precautionary Principle and Science
41(3)
5. THE EUROPEAN UNION COURTS AND THE PRECAUTIONARY PRINCIPLE: THREE CASE STUDIES 44(20)
Case 1. Fornasar: Eliminating Fair Notice
44(2)
Case 2. Antibiotics in Animal Feed: Ignoring Scientific Advice
46(8)
Ignoring Risk-Risk Trade-Offs
52(2)
Case 3. Mad Cows and Erratic Courts
54(10)
6. CONCLUSION 64(2)
APPENDIX: TABLE OF CASES 66(9)
NOTES 75(16)
INDEX 91(4)
ABOUT THE AUTHORS 95

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