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Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Warwick Gullett
In this article, the authors review recent Administrative Appeals Tribunal decisions concerning the Australian Fisheries Management Authority's exercise of discretionary powers in pursuit of its statutory objective to ensure that the exploitation of fisheries resources is conducted in a manner consistent ,vith the exercise of the precautionary principle. The most recent of a series of Tribunal decisions which have affirmed the Authority's interpretation and application of the principle as contained in the Fisheries Management Act 1991 (Cth) is discussed in detail, together with Federal Court rulings concerning the content of the Authority's statutory obligation to ensure that fisheries cxploitation maximises …
Environmental Decision-Making In A Transboundary Context: Principles And Challenges For The Denmark-Sweden Øresund Fixed Link, Warwick Gullett
Environmental Decision-Making In A Transboundary Context: Principles And Challenges For The Denmark-Sweden Øresund Fixed Link, Warwick Gullett
Warwick Gullett
It is now possible to identify projects or activities in many countries whose policy objectives of promoting “sustainable development” have been achieved. The philosophy underlying the “sustainable development” concept captures misgivings about the nature of development and about social and technological ability to avoid further deterioration of the environment. Although many of the advances in environmental law and theory have occurred in international forums, implementation of sustainable development principles is less evident at the international than at the local level. The is due, in large part, to the difficulties created by multiple jurisdictions and the increased complexity of regional or …