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The precautionary principle and international conflict over domestic regulation: mitigating uncertainty and improving
1Center for International Studies, Massachusetts Institute of Technology, Cambridge 02139, USA. oye@mit.edu
Abstract:
Disputes over invocation of precaution in the presence of uncertainty are building. This essay finds: (1) analysis of past WTO panel decisions and current EU-US regulatory conflicts suggests that appeals to scientific risk assessment will not resolve emerging conflicts; (2) Bayesian updating strategies, with commitments to modify policies as information emerges, may ameliorate conflicts over precaution in environmental and security affairs.
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