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The controversial issue of genetically modified (GM) food is discussed in this book. While the United States (US) is a strong supporter of GM technology having adopted a rather lax regulation of trade with GM products, the European Union (EU) is representing a sceptical position towards this new technology and has even imposed a de facto moratorium on further approval of GM products from 1998 to 2004. The purpose of this book is an extensive analysis of the current status on risks and benefits of genetically modified organisms (GMOs) and a suggestion on how an appropriate regulation of GM products could be derived. Potential guidelines are provided for policy formulation both in a qualitative and in a quantitative dimension. The US is applying the principle of substantial equivalence, which means that GM products are in their substance identical to products produced by conventional methods. Therefore, no new regulations are necessary for the trade with GM products. In contrast, the European Union (EU) disagrees that GM products are equivalent to their conventional counterparts due to the different production process. Instead, the EU refers to the precautionary principle in its GMO policy, meaning that trade with GM products should be restricted until it will be proven that no additional risks are implied by the use of these products. The divergence of opinions about the right policy to regulate GM products has significant impacts on trade flows and welfare effects. The US and the EU have already tried to resolve their dispute before the World Trade Organization (WTO). Relevant laws of the General Agreement on Tariffs and Trade (GATT) and the WTO are presented as well as indications for a potential consensus.
The transatlantic dispute over genetically modified organisms (GMOs) has brought into conflict the United States and the European Union, two long-time allies and economically interdependent democracies with a long record of successful cooperation. Yet the dispute - pitting a largely acceptant US against an EU deeply suspicious of GMOs - has developed into one of the most bitter and intractable transatlantic and global conflicts, resisting efforts at negotiated resolution and resulting in a bitterly contested legal battle before the World Trade Organization. Professors Pollack and Shaffer investigate the obstacles to reconciling regulatory differences among nations through international cooperation, using the lens of the GMO dispute. The book addresses the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops. They demonstrate that the deeply politicized, entrenched and path-dependent nature of the regulation of GMOs in the US and the EU has fundamentally shaped negotiations and decision-making at the international level, limiting the prospects for deliberation and providing incentives for both sides to engage in hard bargaining and to "shop" for favorable international forums. They then assess the impacts, and the limits, of international pressures on domestic US and European law, politics and business practice, which have remained strikingly resistant to change. International cooperation in areas like GMO regulation, the authors conclude, must overcome multiple obstacles, legal and political, domestic and international. Any effective response to this persistent dispute, they argue, must recognize both the obstacles to successful cooperation, and the options that remain for each side when cooperation fails.
This book examines the puzzle of why genetically modified organisms continue to be controversial despite scientific evidence declaring them safe for humans and the environment. What explains the sustained levels of resistance? Clancy analyzes the trans-Atlantic controversy by comparing opposition to GMOs in the United Kingdom, Germany, Poland, Spain, and the United States, examining the way in which science is politicized on both sides of the debate. Ultimately, the author argues that the lack of labeling GMO products in the United States allows opponents to create far-fetched images of GMOs that work their ways in to the minds of the public. The way forward out of this seemingly intractable debate is to allow GMOs, once tested, to enter the market without penalty—and then to label them.
The regulation of genetically modified organisms (GMOs) continues to generate controversy. On the one hand, they are actively promoted by the biotechnology industry as vital to ensuring food security. Yet, on the other hand, consumer resistance persists, not least in the European Union, and such lack of confidence extends not just to GM food itself but also to the regulatory regime, where legal issues are inextricably linked with economics and politics. This edited collection provides a novel contribution to the ongoing debate, recognizing that the legislative environment is complicated by forces as varied as national public opinion and world trade commitments. The book is divided into four parts. The first of these addresses the influence in this context of both civil society and economic imperatives. The second part is directed more specifically to the measures that have been implemented in the European Union, considering multi-level governance, wider aspects of food law, co-existence with conventional and organic crops, and environmental liability. The third part is comparative in focus, with chapters covering the diverse regimes implemented in Africa, Australia, North America and South America. The book concludes with chapters on world trade and international considerations, including analysis of the Biotech case.
Lee s book is a valuable addition to the literature for those wishing to broaden their understanding of the range of legal disciplines involved in GMO regulation. Tracey Epps, European Review of Agricultural Economics Maria Lee s work is a successful attempt to illustrate the big legal issues behind the regulation of genetically modified organisms (GMOs). This study, which is thorough and well documented, is particularly welcomed in view of the need for a dialogue between different legal specialisms for which GMOs are a relevant area of research. . . [The] book provides a very interesting and insightful examination of the legal problems raised by GMOs. I would warmly recommend its reading to academics and practitioners who are interested in European risk regulation law, environmental law, biotechnology and trade law. Sara Poli, European Law Review Genetically modified organisms (GMOs) are an extraordinary innovation. They raise great expectations of economic prosperity and improved capacity to address pressing problems of poverty and environmental degradation, whilst simultaneously raising great concerns about the type of social and physical world they promise. Finding space in regulation to consider the full range of issues provoked by GMOs is a huge challenge. This book explores the EU s elaborate regulatory framework for GMOs, which extends far beyond the process of their authorisation (or not) for the EU market, embracing disparate legal disciplines including intellectual property, consumer protection and civil liability. The regulation of GMOs also highlights questions of EU legitimacy in a context of multi-level governance, both internally towards national and local government, and externally in a world where technologies and their regulation have global impacts. This book will be of interest to academics and students in both law and social sciences, as well as practising lawyers and policy makers. It addresses questions that are significant for those involved in environmental or food issues, as well as specialists in GMOs.
This thoughtful book explores how EU law treats serious disagreements about the development and use of a radically new technology like genetic modification. Relevant EU laws are examined to analyse the room available, or possible, for public participat
The dissertation focuses on two lines of inquiry. First, why are GMOs objects of contention? Second, why, and under what conditions, is opposition to GMOs successful? To answer these questions, I examine the way in which GMOs are depicted as objects of contention on the global and local level. Part One provides a framework for the project. Chapter Two presents the constructivist approach to the study of resistance to GMOs. Discourse and images are examined from the United Kingdom, Germany, Poland, Spain, and the United States. Part Two examines the global level of GMOs from an ideological and regulatory perspective. Chapter Three first examines the ideological component by exploring how sound science is projected in the United States and Europe. The narrative has three parts: it advances a neoliberal narrative of the technology, arguing that non-sound science approaches are in fact attempts to politicize trade. This establishes a relationship between science, free trade, and GMOs. The second part of the narrative posits that failure to embrace GMOs will lead to a catastrophe. The third part of the narrative scapegoats the public, arguing that public ignorance will block GMOs, thereby ensuring the catastrophe. Chapter Four also focuses on the global level by examining the regulatory context in the European Union, as well as the trade conflicts between the EU and the US. Part Three turns to the domestic, or local, level, presenting five case studies. These case studies compare the political, economic, cultural, and public opinion of GMOs across countries, establishing the variance in the domestic context. Part Four looks at the images produced by the opponents of GMOs. The images are a successful refutation to the "sound science" narrative because they provide universal symbols of doubt and critique that can be redeployed within specific cultural contexts. The power of resistance is found within the logic employed by visual hegemony: the strategy of GMO resistance is to circumnavigate the logic of rationality of the proponents of GMOs and substitute the synecdotal reasoning that communicates a diffuse narrative of doubt and mistrust which critiques of the process, product, and implications.
Aware of the significant potential of nascent biotechnologies, the European Economic Community (the predecessor to the European Union) was one of the first regions in the world to develop a regulatory framework for them. Back in the 1980s, the objective of Community member countries was to strengthen the standards of consensus and collaboration, and of environmental and health safety, as well as to promote an industrial sector of enormous potential. In spite of all effort, towards the end of the 1990s it was a widely accepted fact that a number of political and economic factors were blocking the development of biotechnology in Europe. From that crisis emerged what in some aspects is probably the most comprehensive and rigorous body of regulations for biotechnology in the world today. However, the very high technical level of those regulations did not prevent a new crisis which EU institutions aim to solve with a new regulatory framework. Thus, since March 2015, the way towards the third regulatory framework for Biotechnology in the EU has been open. Will this third regulatory framework finally offer sufficient guarantees to allow a healthy and sustainable development of biotechnology in the EU? What do we need to do so that 'third time is lucky'? In this work, a group of European and non-European experts, from different disciplines and approaches, discuss the past and the present, as well as the various possible futures, of Genetically Modified Crops in the EU.