Publication Details |
| Category | Text Publication |
| Reference Category | Book chapters |
| DOI | 10.5040/9781509948222.ch-008 |
| Document | author version |
| Title (Primary) | Legal approaches to scientific uncertainty - the case of EU nature conservation law |
| Title (Secondary) | EU environmental principles and scientific uncertainty before national courts. The case of the Habitats Directive |
| Author | Köck, W.; Markus, T. |
| Publisher | Eliantonio, M.; Lees, E.; Paloniitty, T. |
| Year | 2023 |
| Department | UPR |
| Page From | 163 |
| Page To | 190 |
| Language | englisch |
| Topic | T5 Future Landscapes |
| Abstract | Environmental law provisions often refer to the “present state of scientific knowledge.” Applying these laws can become quite challenging, however, when there is no general agreement in science about its present state. The law has responded in a variety of ways to these situations of scientific uncertainty, including, but not limited to: laying down procedural requirements, involving experts, defining specific levels of protection, or guiding administrative and judicial decision-making through general principles such as the precautionary or proportionality principle. This article investigates legal measures governing situations of scientific uncertainty in environmental law. To this end it first examines German legislation laying down permission requirements for industrial and nuclear plants. It then proceeds to analyse European Union law on habitat and species conservation, focussing particularly on German administrative courts’ decisions which address scientific uncertainties under EU nature conservation law. |
| Persistent UFZ Identifier | https://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=28407 |
| Köck, W., Markus, T. (2023): Legal approaches to scientific uncertainty - the case of EU nature conservation law In: Eliantonio, M., Lees, E., Paloniitty, T. (eds.) EU environmental principles and scientific uncertainty before national courts. The case of the Habitats Directive Bloomsbury Publishing, Oxford, p. 163 - 190 10.5040/9781509948222.ch-008 |
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