Regulating Ocean Fertilization under International Law: The Risks
© Lexxion Verlagsgesellschaft mbH (6/2013)
This paper explores the regulatory regime for ocean fertilization under the Dumping regime, which comprises the 1972 London Convention and 1996 Protocol. It assesses the extent to which ocean fertilization is presently subject to mandatory and voluntary controls and provides an overview of the proposals currently under active consideration designed to develop a comprehensive regime for ocean fertilization. Whilst acknowledging the benefits of regulation and the importance of environmental protection, this paper concludes with a warning against considering ocean fertilization in isolation from the broader context of geoengineering and climate change more generally.

Not Entirely Reliable: Private Scientific Organizations and Risk Regulation – The Case of Electromagnetic Fields
© Lexxion Verlagsgesellschaft mbH (2/2013)
Private scientific organizations exert a great deal of influence in the regulation of some technological risks. The high level of expertise of their members is arguably a good reason for them to participate in making and monitoring risk regulations, in order to adjust these to scientific progress. Nevertheless, there are also sound reasons why governments shouldn’t uncritically follow the views expressed by such organizations. Taking the role played by the International Commission on Non-Ionizing Radiation Protection in the regulation of electromagnetic fields as an illustrative example, this paper shows that private scientific organizations such as these are structurally less well suited than democratic authorities when it comes to managing those risks.

The Problem of Low and Uncertain Risks: Balancing Risks and Benefits
© Lexxion Verlagsgesellschaft mbH (6/2012)
Both the Lisbon Treaty and the new Inter-Institutional Agreement strengthen the role of the European Parliament (EP) as co-legislator. At the same time, European Union (EU) officials increasingly recognise the need for broader acceptance of the principles and agreements of the Better (Smart) Regulation strategy, as proposed in an October 2010 Commission Communication. There is a need to make high quality risk management decisions in a more risk averse environment and a changed policy framework. Indeed, principles supporting better regulation have become more widely adopted by all EU institutions, notably with the Impact Assessment Board (IAB) of the European Commission, which now screens all new proposals. Due to the broad diffusion of these principles, risk assessment techniques have become more widely understood. This trend is particularly salient in four areas of application: the on-going debate between regulating by hazard and regulating by risk; a better understanding of the nature of risk/risk trade-offs, use of benefit/risk assessment, and the Commission Communication regarding the precautionary principle.

Product Liability Risks for the Chemicals Industry – Recent Developments in Europe
© Lexxion Verlagsgesellschaft mbH (6/2011)
The present publication is a multi-jurisdictional overview on recent legal developments with regard to product liability risks for companies from the Chemicals industry. This combined effort was undertaken by various members of the Hogan Lovells Global Chemicals Product Liability Industry group. This two-part publication will in its first part focus on recent developments in Germany, the UK, Italy and France. The respective authors are Dr. Sebastian Lach (Germany), Dr. Hannah von Falkenhausen (Germany), Alex Woods (UK), Christian Di Mauro (Italy), Thomas Rouhette and Christelle Coslin (both France). The second part will focus on China and the US. The respective authors of these country parts are Trevor Jefferies, Courtney Colligan (both US) and Eugene Chen (China).

Risk vs Hazard and the Two Souls of EU Risk Regulation: A Reply to Ragnar Lofstedt
© Lexxion Verlagsgesellschaft mbH (6/2011)
When called upon to regulate risk, the EU carries the threefold onus to (i) protect its people(s); (ii) ensure the functioning of the internal market; and also (iii) to allocate the resources available wisely and efficiently.

Risk versus Hazard – How to Regulate in the 21st Century
© Lexxion Verlagsgesellschaft mbH (6/2011)
In Europe, debate as to whether one should regulate chemicals based on intrinsic hazard or assessment of risk, or possibly a combination of both, has been gaining momentum.

Regulating Catastrophic Risks by Standards
© Lexxion Verlagsgesellschaft mbH (2/2011)
This article analyses the role played by standards of protection in the regulation of catastrophic risks. It examines how to protect people against the occurrence of catastrophic events, considering that the related risk is highly uncertain and difficult to predict using rational methodologies. In this perspective, the article focuses on environmental risks and terrorist threats affecting common goods – namely environment and security – areas where any damage is susceptible to producing ruinous effects and huge casualties.

Regulating the Use of Bisphenol A in Baby and Children’s Products in the European Union: Current Developments and Scenarios for the Regulatory Future
© Lexxion Verlagsgesellschaft mbH (2/2011)
Parents of newborns and small children have recently been confronted with labels indicating that their purchases of a baby bottle, teethers or sippy cups are now ‘Bisphenol A-free’ (BPA). A synthetic chemical used in the production process of polycarbonate (plastics), Bisphenol A is currently making headline news in the US and the EU. Its questioned safety in food plastics, baby bottles and children’s toys has turned plastics into a political issue as it is systematically framed as a risk in media coverage.

A Hybrid within a Hybrid: Contextualising REACH in the Process of European Integration and Constitutionalisation
© Lexxion Verlagsgesellschaft mbH (12/2010)
REACH is a new European Community Regulation on chemicals and their safe use. This Regulation is a hybrid that combines hierarchy and heterarchy from a both a legal and an organisational perspective.

Closing down Pääsküla landfill. Post-closedown environmental monitoring and maintenance of the landfill
© NMC Ltd. (10/2010)
Pääsküla landfill is the largest municipal waste landfill in Estonia which was established 1972 and closed 2003. The landfill was closed down during 2003-2006 within ISPA (The Instrument for Structural Policies for Pre-accession) project. At the moment of closing down its volume was 4,5 million cubic metres, relative height 29 metres and its area nearly 30 hectares. The total cost of the project was 11 225 009 EUR (175 633 228 EEK) including V.A.T 18 per cent. Objectives of the projects were to minimize the environmental impacts in a long perspective against main hazards as contamination of groundwater and surface water, landfill gas leakage, health hazards to neighbourhood dwellings and nuisance like smell, fly trash, gulls and other birds and rodents.

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