REFERENCES
- de Sadeleer , N . 2000 . Two approaches of precaution: a comparative review of EU and US theory and practice of the precautionary principle , Brussels : Centre d'étude du droit de l'environment .
- Applegate , J S . 2000 . The precautionary preference: an American perspective on the precautionary principle . Human and Ecological Risk Assessment , 6 ( 3 ) : 413 – 43 .
- Attempts to distinguish “approaches” from “principles” by arguing the approaches are flexible, whereby principles are not fails a logical test. Principles in the law are not without their limits, and they are sometimes in direct conflict. For example, the freedom of speech can be said to be a fundamental principle of US law, but it is not absolute and may be compromised in favor of public safety: ‘no one has the right to yell fire in a crowded theater’
- Hornstein , David . 1992 . “Reclaiming Environmental Law: A Normative Critique of Comparative Risk Analysis,” . Columbia Law Review , 92 : 562 – 633 . [CSA]
- Majone , G . 2001 . The precautionary principle and regulatory impact analysis . Manuscript, described as an expanded version of a paper submitted at the International Seminar on Regulatory Impact Analysis organized by Progetto AIR . June 15 2001 , Rome.
- Mishan , E. J. 1976 . “ Criticisms of traditional cost benefit of course are not new ” . In Introduction to Normative Economics , 1981 Fischhoff, Baruch “Cost-Benefit Analysis and the Art of Motorcycle Maintenance,” ORI Research Monograph Vol. 16 , 36 New York : Oxford University Press . 1
- Wynne , B . 1992 . Uncertainty and environmental learning . June 1992 . Global Environmental Change , pp. 111
- Ashford , N A , Ashford , Nicholas A. and Caldart , Charles C. 1981 . Technology, Law and the Working Environment, , Revised Edition , Vol. 363 , 129 – 37 . Washington, DC : Island Press . Alternatives to cost-benefit analysis in regulatory decisions. Ann NY Acad Sci. “Economic Issues in Occupational Health and Safety” 1996, Chapter 5, 641 Pages
- In the reference cited above in note 8, the author has argued that health, safety, and environmental benefits should be treated differently than costs in computing their present value. One approach would allow for discounting of non-monetizable benefits, but at a lower discount rate. This approach can be defended in terms of a belief that certain amenities, such as health, become more valuable relative to other goods in this society as time passes and the standard of living improves. The following relationship would separate the factors affecting the present value of health impairment prevented in year n: where: B = metric, expressed in person-years of health impairment prevented in any one year, ϵ = the subsequent annual fractional increase in societal value of health impairment prevented, and r = annual discount rate. For small values of r and ϵ, this is equivalent to: Thus, the “effective discount rate” (r− ϵ), or time rate of preference, will be less than the discount rate used for monetary benefit or cost calculations. Thus, instead of the traditional cost-benefit approach which is biased against interventions which require the expenditures of costs early with the yielding of benefits later, such as is the case with chronic disease, this treatment makes long term investments in health much more attractive. A recent paper confirms existence of a sizeable “ϵ.” See Dora L. Costa and Matthew E. Kahn, “The Rising Price of Nonmarket Goods," American Economic Review May 2003, 93:2, pp. 227–32. For the period 1900–2000, the imputed value of “ϵ” was 3.4 percent; for the period 1980–2000, the imputed value of “ϵ” was 2.5 percent. This implies an effective, or “real” discount rate of about 1 to 3 percent
- Ashford , N A and O'Brien . The importance of taking technological innovation into account in estimating the costs and benefits of worker health and safety regulation . Mary Making Better Environmental Decisions . May 28–30 1997 , The Hague, Holland. Proceedings of the European Conference on Costs and Benefits of Occupational Health and Safety 1997 , pp. 69 – 78 . Cambridge, MA : MIT Press .
- Ashford , N A . An innovation-based strategy for a sustainable environment . ZEW Economic Studies . May 27–29 1999 , Springer Verlag, Heidelberg. Innovation-Oriented Environmental Regulation: Theoretical Approach and Empirical Analysis , Edited by: Hemmelskamp , J , Rennings , K and Leone , F. pp. 67 – 107 . potsdam, , Germany : Proceedings of the International Conference of the European Commission Joint Research Centre .
- Ashford , N A . 2002 . “Government and Innovation in Europe And North America”, A Special Issue on Ecological Modernization, Sonnenfeld, David and Mol, Arthur . American Behavioral Scientist , 45 ( 9 ) : 1417 – 34 . [CROSSREF] [CSA]
- Ashford , N A . 1988 . Science and values in the regulatory process . Statistical Science, Institute of Mathematical Statistics , 3 ( 3 ) : 377 – 83 . [CSA]
- Schwartz , S and Carpenter , K . 1999 . The right answer for the wrong question: consequences of type III error for public health research . Am J Pub Health , 89 : 1175 – 80 . [PUBMED] [INFOTRIEVE] [CSA]
- Josephson , J R and Josephson , S G . 1996 . Abductive inference , Cambridge : Cambridge University Press .
- Ashford , N A , Hattis , D and Zolt , E M . 1981 . Evaluating chemical regulations: trade-off analysis and impact assessment for environmental decision-making final report to the Council on Environmental Quality under Contract No. EQ4ACA35 , CPA-80-13, NTIS # PB81-195067
- See, for example, European Environmental Agency, Late Lessons from Early Warning: The Precautionary Principle 1896–2000, Environmental Issue Report No. 22, ISBN 92-9167-323-4, Copenhagen, Denmark 2002
- Ashford , N A and Miller , C S . 1998 . Chemical exposures: low levels and high stakes , New York : John Wiley Press .