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Environmental Risk, Precaution, and Scientific Rationality in the Context of WTO/NAFTA Trade Rules

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  • Douglas Crawford‐Brown
  • Joost Pauwelyn
  • Kelly Smith

Abstract

This article considers the role of scientific rationality in understanding statements of risk produced by a scientific community. An argument is advanced that, while scientific rationality does impose constraints on valid scientific justifications for restrictions on products and practices, it also provides flexibility in the judgments needed to both develop and apply characterizations of risk. The implications of this flexibility for the understanding of risk estimates in WTO and NAFTA deliberations are explored, with the goal of finding an intermediate ground between the view that science unambiguously justifies or rejects a policy, and the view that science is yet another cultural tool that can be manipulated in support of any decision. The result is a proposal for a dialogical view of scientific rationality in which risk estimates are depicted as confidence distributions that follow from a structured dialogue of scientific panels focused on judgments of evidence, evidential reasoning, and epistemic analysis.

Suggested Citation

  • Douglas Crawford‐Brown & Joost Pauwelyn & Kelly Smith, 2004. "Environmental Risk, Precaution, and Scientific Rationality in the Context of WTO/NAFTA Trade Rules," Risk Analysis, John Wiley & Sons, vol. 24(2), pages 461-469, April.
    • Handle: RePEc:wly:riskan:v:24:y:2004:i:2:p:461-469
    DOI: 10.1111/j.0272-4332.2004.00449.x
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    References listed on IDEAS

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    1. Pauwelyn, Joost, 1998. "Evidence, Proof and Persuasion in WTO Dispute Settlement: Who Bears the Burden?," Journal of International Economic Law, Oxford University Press, vol. 1(2), pages 227-258, June.
    2. Pauwelyn, Joost, 1999. "The WTO Agreement on Sanitary and Phytosanitary (SPS) Measures as Applied in the First Three SPS Disputes: EC--Hormones, Australia--Salmon and Japan--Varietals," Journal of International Economic Law, Oxford University Press, vol. 2(4), pages 641-664, December.
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    Cited by:

    1. Jackson, Lee Ann & Jansen, Marion, 2009. "Risk assessment in the international food safety policy arena: Can the multilateral institutions encourage unbiased outcomes?," WTO Staff Working Papers ERSD-2009-01, World Trade Organization (WTO), Economic Research and Statistics Division.
    2. Henk Zandvoort, 2011. "Evaluation of Legal Liability for Technological Risks in View of Requirements for Peaceful Coexistence and Progress," Risk Analysis, John Wiley & Sons, vol. 31(6), pages 969-983, June.
    3. Jackson, Lee Ann & Jansen, Marion, 2010. "Risk assessment in the international food safety policy arena. Can the multilateral institutions encourage unbiased outcomes?," Food Policy, Elsevier, vol. 35(6), pages 538-547, December.

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