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Risks, Costs and Alternatives in EC Environmental Legislation: The Case of ‘REACH’

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Abstract:

European Community standards of environmental law are commonly framed in terms of the risks of activities to human health and the environment. Under this cover of uni-dimensional concern, considerations of an activity's benefits, regulatory costs and the availability of alternatives play a crucial role in the regulatory practice. The REACH proposal is a first and ambitious attempt to bring these other dimensions to the fore and give them shape. This article analyses this approach, identifies its merits and flaws, and develops a scheme that makes the complex calculus practicable. It is submitted that the scheme is applicable also in other areas of EC environmental law.

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1467-9388.2006.00511.x

Affiliations: Professor of Public Law and the Sociology of Law at the University of Bremen

Publication date: 2006-04-01

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