Salmon fishing in the severn: Judicial deference to regulatory judgments based on scientific assessments

2017 ◽  
Vol 19 (3) ◽  
pp. 201-209
Author(s):  
Patrick Bishop
Keyword(s):  
Environmental Law ◽  
Scientific Evidence ◽  
Decision Makers ◽  
Final Decision ◽  
Wide Margin ◽  
Probative Value ◽  
Regulatory Decision ◽  
Margin Of Appreciation ◽  
Environment Agency ◽  
Court Of Appeal

To claim that environmental law is heavily influenced by science is to make a rather trite assertion. Disputes about the probative value of scientific and technical evidence when used as the basis for a regulatory decision are therefore not uncommon. R. (on the application of Mott) v Environment Agency is an example of this phenomenon. In particular, the key issue was whether the Environment Agency had acted perversely (in judicial review terms) by relying on contested scientific evidence as the justification for imposing catch limitations designed to preserve salmon stocks in the river Wye. In finding for the Agency, the Court of Appeal restated and reaffirmed the established principle that decision makers ought to be afforded a wide margin of appreciation in such cases; a principle which reinforces the view that the courts are not an appropriate forum for the resolution of scientific and technical disputes. In commenting on this decision it is contended that the position of the courts in this regard has the potential to undermine the rationale of evidence-based decision making. However, it is impractical in most instances for a regulator to wait for a scientific consensus to emerge, particularly when acting to protect a threatened species. As a compromise solution, it is suggested that prior consultation at least has the potential to allow affected parties to scrutinise the available science, and offer alternative evidence prior to the final decision.

scholarly journals The Logic of Inference and Decision for Scientific Evidence

2021 ◽  
pp. 251-266
Author(s):  
Franco Taroni ◽  
Silvia Bozza ◽  
Alex Biedermann
Keyword(s):  
Decision Making ◽  
Scientific Evidence ◽  
Decision Makers ◽  
Daily Activities ◽  
Decision Making Under Uncertainty ◽  
Forensic Evidence ◽  
Probative Value ◽  
Preference Structures ◽  
Forensic Scientists

Uncertainty is an inevitable complication encountered by members of the judiciary who face inference and decision-making as core aspects of their daily activities. Inference, in this context, is mainly inductive and relates to the use of incomplete information, to reason about propositions of interest. Applied to scientific evidence, this means, for example, to reason about whether or not a person of interest is the source of a recovered evidential material and factfinders are required to make decisions about ultimate issues, for example, regarding a defendant’s guilt. The role of forensic scientists, whose duty is to help assess the probative value of scientific findings, is to offer to mandate authorities’ conclusions that are scientifically sound and logically defensible. This chapter lays out the fundamentals of inference and decision-making under uncertainty with regard to forensic evidence. The authors explicate explain the subjectivist version of Bayesianism and analyze the usefulness of the likelihood ratio in for measuring the degree to which the evidence discriminates between competing propositions in a trial. They also underscore emphasize the importance of decision analysis as a framework that forces helps decision-makers to formalize preference structures.

scholarly journals DEVELOPMENT OF THE MONTHLY AVERAGE DAILY SOLAR RADIATION MAP USING A-CBR, FEM, AND KRIGING METHOD

2017 ◽  
Vol 24 (2) ◽  
pp. 489-512 ◽  
Author(s):  
Choongwan KOO ◽  
Taehoon HONG ◽  
Kwangbok JEONG ◽  
Jimin KIM
Keyword(s):  
Solar Radiation ◽  
Decision Makers ◽  
Estimation Accuracy ◽  
Case Based Reasoning ◽  
Final Decision ◽  
Kriging Method ◽  
Pv System ◽  
Fem Model ◽  
Remote Sensors ◽  
Monthly Average

Photovoltaic (PV) system could be implemented to mitigate global warming and lack of energy. To maximize its effectiveness, the monthly average daily solar radiation (MADSR) should be accurately estimated, and then an accurate MADSR map could be developed for final decision-makers. However, there is a limitation in improving the accuracy of the MADSR map due to the lack of weather stations. This is because it is too expensive to measure the actual MADSR data using the remote sensors in all the sites where the PV system would be installed. Thus, this study aimed to develop the MADSR map with improved estimation accuracy using the advanced case-based reasoning (A-CBR), finite element method (FEM), and kriging method. This study was conducted in four steps: (i) data collection; (ii) estimation of the MADSR data in the 54 unmeasured locations using the A-CBR model; (iii) estimation of the MADSR data in the 89 unmeasured locations using the FEM model; and (iv) development of the MADSR map using the kriging method. Compared to the previous MADSR map, the proposed MADSR map was determined to be improved in terms of its estimation accuracy and classification level.

scholarly journals Engaging Stakeholders and Promoting Uptake of OMERACT Core Outcome Instrument Sets

2017 ◽  
Vol 44 (10) ◽  
pp. 1551-1559 ◽  
Author(s):  
Sean R. Tunis ◽  
Lara J. Maxwell ◽  
Ian D. Graham ◽  
Beverley J. Shea ◽  
Dorcas E. Beaton ◽  
...  
Keyword(s):  
Knowledge Translation ◽  
Core Outcome Set ◽  
Healthcare Providers ◽  
Stakeholder Involvement ◽  
Decision Makers ◽  
Core Outcome ◽  
Core Outcome Sets ◽  
Regulatory Decision ◽  
Outcome Instrument ◽  
Outcome Domain

Objective.While there has been substantial progress in the development of core outcomes sets, the degree to which these are used by researchers is variable. We convened a special workshop on knowledge translation at the Outcome Measures in Rheumatology (OMERACT) 2016 with 2 main goals. The first focused on the development of a formal knowledge translation framework and the second on promoting uptake of recommended core outcome domain and instrument sets.Methods.We invited all 189 OMERACT 2016 attendees to the workshop; 86 attended, representing patient research partners (n = 15), healthcare providers/clinician researchers (n = 52), industry (n = 4), regulatory agencies (n = 4), and OMERACT fellows (n = 11). Participants were given an introduction to knowledge translation and were asked to propose and discuss recommendations for the OMERACT community to (1) strengthen stakeholder involvement in the core outcome instrument set development process, and (2) promote uptake of core outcome sets with a specific focus on the potential role of post-regulatory decision makers.Results.We developed the novel “OMERACT integrated knowledge translation” framework, which formalizes OMERACT’s knowledge translation strategies. We produced strategies to improve stakeholder engagement throughout the process of core outcome set development and created a list of creative and innovative ways to promote the uptake of OMERACT’s core outcome sets.Conclusion.The guidance provided in this paper is preliminary and is based on the views of the participants. Future work will engage OMERACT groups, “post-regulatory decision makers,” and a broad range of different stakeholders to identify and evaluate the most useful methods and processes, and to revise guidance accordingly.

Method for Selecting Storage Enterprises Based on IFHA

2015 ◽  
Vol 713-715 ◽  
pp. 1769-1772
Author(s):  
Jie Wu ◽  
Lei Na Zheng ◽  
Tie Jun Pan
Keyword(s):  
Decision Making ◽  
Group Decision Making ◽  
Group Decision ◽  
Decision Makers ◽  
Decision Problems ◽  
Decision Making Process ◽  
Final Decision ◽  
Multiple Decision Makers ◽  
Intuitionistic Fuzzy ◽  
Averaging Operator

In order to reflect the decision-making more scientific and democratic, modern decision problems often require the participation of multiple decision makers. In group decision making process,require the use of intuitionistic fuzzy hybrid averaging operator (IFHA) to get the final decision result.

A Systematic Planning Tool for Environmental Characterisation

2009 ◽  
Author(s):  
Steven Wilcox ◽  
Richard Wilkins ◽  
Martin Lyons
Keyword(s):  
Best Practice ◽  
Planning Process ◽  
Cost Effective ◽  
Decision Makers ◽  
Performance Criteria ◽  
Final Decision ◽  
Cost Effective Approach ◽  
Systematic Planning ◽  
Sample Plan

Many organisations are currently dealing with long standing legacy issues in clean up, decommissioning and demolition projects. Industry is required to ensure that all bulk articles, substances and waste arisings are adequately characterised and assigned to the correct disposal routes in compliance with UK legislation and best practice. It is essential that data used to support waste sentencing is of the correct type, quality and quantity, and that it is appropriately assessed in order to support defensible, confident decisions that account for inherent uncertainties. AMEC has adopted the Data Quality Objectives (DQO) based methodology and the software package Visual Sample Plan (VSP) to provide a better, faster, and more cost effective approach to meeting regulatory and client requirements, whilst minimising the time spent gathering data and assessing the information. The DQO methodology is based on a scientific approach that requires clear objectives to be established from the outset of a project and that there is a demonstration of acceptability of the results. Through systematic planning, the team develops acceptance or performance criteria for the quality of the data collected and for the confidence in the final decision. The systematic planning process promotes communication between all departments and individuals involved in the decision-making process thus the planning phase gives an open and unambiguous method to support the decisions and enables the decision-makers (technical authorities on the materials of concern) to document all assumptions. The DQO process allows better planning, control and understanding of all the issues. All types of waste can be sentenced under one controllable system providing a more defensible position. This paper will explain that the DQO process consists of seven main steps that lead to a detailed Sampling and Analysis Plan (SAP). The process gives transparency to any assumptions made about the site or material being characterised and identifies individuals involved. The associated calculation effort is reduced using the statistically based sampling models produced with VSP. The first part of this paper explains the DQO based methodology and Visual Sample Plan and the second part shows how the DQO process has been applied in practice.

scholarly journals Fuzzification - Decision Making in Terms of Uncertainty

ECONOMICS ◽  
2018 ◽  
Vol 6 (2) ◽  
pp. 87-94
Author(s):  
Željko V. Račić
Keyword(s):  
Decision Making ◽  
Fuzzy Sets ◽  
Individual Preference ◽  
Decision Makers ◽  
Final Decision ◽  
Standard Interpretation ◽  
Subjective Estimation ◽  
Qualitative Attribute ◽  
Theory Of Fuzzy Sets

Summary The theory of fuzzy sets allows to analyze insufficiently precise, accurate, complete phenomena which can not be modeled by the theory of probability or interval mathematics. We define fuzzy sets as sets where the boundary of the set is unclear and depends on subjective estimation or individual preference. In addition to the standard interpretation scale, described above, a set of numbers to each qualitative attribute must be assigned. In addition to the standard interpretation scale a set of numbers to each qualitative attribute must be assigned. First of all, it is necessary to determine the procedure for determining fuzzy numbers describing the attributes. One of the imperfections of the fuzzy sets is subjectivism when defining the boundaries of fuzzy sets and functions of belonging, which can significantly influence the final decision. The decision maker’s subjectivity is also present in the determination of weighted coefficients. However, in case of giving weight, fixed values are necessary. Some decisions require multidisciplinary knowledge, so the decision-making process includes more group decision-makers, who independently give their grades.

Merger remedies: key recent developments in the CMA's practice

2020 ◽  
Vol 19 (4) ◽  
pp. 190-195
Author(s):  
Daniel Vowden ◽  
◽  
Patrick Meaney ◽  
Keyword(s):  
Effective Means ◽  
Key Factors ◽  
Wide Margin ◽  
Margin Of Appreciation ◽  
Recent Developments ◽  
Merger Remedies ◽  
Conventional Practice ◽  
Media Group

The Competition and Markets Authority (CMA), in common with other competition authorities, strongly favours structural remedies (i.e. business or asset disposals) as the most effective means to restore competition eliminated by a merger. Behavioural remedies (i.e., measures that seek to regulate the ongoing behaviour of the merger parties) are not generally favoured by the CMA. In considering the effectiveness of proposed remedies, the recent judgment in Ecolab v. CMA demonstrates that the CMA is afforded a wide margin of appreciation. That same margin of discretion was notably exercised by the CMA in the Bauer Media Group Inquiry where, contrary to conventional practice, it accepted a complex behavioural remedy in preference to structural alternatives. This article explores these two cases in greater detail and identifies some key factors that inform the CMA's conduct in relation to merger remedies.

ERP Software Selection Based on Intuitionistic Fuzzy VIKOR Method

2019 ◽  
pp. 121-137
Author(s):  
Burak Efe
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Selection Problem ◽  
Final Decision ◽  
Software Selection ◽  
Intuitionistic Fuzzy Numbers ◽  
Fuzzy Vikor ◽  
Intuitionistic Fuzzy ◽  
Erp Software ◽  
Unique Decision

This chapter uses intuitionistic fuzzy VIKOR (IFVIKOR) for the application of ERP software selection. First, priority values of criteria in ERP software selection problem have been determined by using the judgments of the experts. IFWA operator is utilized to integrate the judgments of the experts about the weights of criteria. Then, the result of the IFVIKOR can be employed to define the most appropriate ERP alternative in uncertain environment. Intuitionistic fuzzy numbers are presented in all phases in order to overcome any vagueness in the decision-making process. The final decision depends on the degree of importance of each decision so that wrong degree of importance causes the mistaken result. The researchers generally determine the degrees of importance of each decision makers according to special characteristics of each decision maker as subjectivity. In order to overcome this subjectivity in this chapter, the judgments of decision makers are degraded to unique decision by using the importance degree of each expert. There is no study about ERP software selection using IFVIKOR.

Rule 243 Referral back

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Final Decision ◽  
Court Of First Instance ◽  
Court Of Appeal

The Court of Appeal does not necessarily have to bring the appeal proceedings to a final decision. Pursuant to Rule 243, it can refer the action back to the Court of First Instance, but only in exceptional cases.

Decision on appeal and referral back

2018 ◽  
Author(s):  
Peter Tochtermann
Keyword(s):  
Final Decision ◽  
Rules Of Procedure ◽  
Court Of First Instance ◽  
Court Of Appeal

If an appeal pursuant to Article 73 is well-founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.

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