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This book provides an innovative insight into the regulatory conundrum of genetically modified organisms (GMOs), deploying transnational legal analysis as a methodological framework to explore the most controversial area of risk governance. The book deconstructs hegemonic and counter-hegemonic transnational narratives on the governance of GMO risks, cutting across US law, EU law, the WTO Agreement on Sanitary and Phytosanitary Measures, and hybrid standard-setting regimes. Should uncertain risks be run unless adverse effects have been conclusively established, and should regulators only act where this is cost-benefit effective? Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? How can intractable transnational regulatory conflicts be solved? The book complements a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation. The GMO deadlock thus becomes a lens through which to investigate the underlying value systems, goals, and impacts of transnational discourses on risk governance. Against this backdrop, the normative strand of analysis points to the limited ability of science and procedural deliberation to generate authentic agreement and to identify normatively legitimate solutions, in the absence of pre-existing shared perspectives.
This book provides an innovative insight into the regulatory conundrum of genetically modified organisms (GMOs), deploying transnational legal analysis as a methodological framework to explore the most controversial area of risk governance. The book deconstructs hegemonic and counter-hegemonic transnational narratives on the governance of GMO risks, cutting across US law, EU law, the WTO Agreement on Sanitary and Phytosanitary Measures, and hybrid standard-setting regimes. Should uncertain risks be run unless adverse effects have been conclusively established, and should regulators only act where this is cost-benefit effective? Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? How can intractable transnational regulatory conflicts be solved? The book complements a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation. The GMO deadlock thus becomes a lens through which to investigate the underlying value systems, goals, and impacts of transnational discourses on risk governance. Against this backdrop, the normative strand of analysis points to the limited ability of science and procedural deliberation to generate authentic agreement and to identify normatively legitimate solutions, in the absence of pre-existing shared perspectives.
Transnational Food Security addresses food security from an international relations, political economy and legal perspective analysing the relationship between food security and the environment and climate change, trade, finance and contracts, and the intersection between food and human rights. The topic of food concerns one of the most basic and profound aspects of human survival. Universal and equal access to food is, at the same time, ridden with problems of power, inequality, distribution and implicated in old and new geopolitical conflicts. As such, ‘food’ and food security are central to conditions of poverty and hunger, development and ‘modernisation’, transitional justice and rule of law reform around the world. As a problem of critique and scholarly inquiry, food prompts an inter-disciplinary assessment of the nature of food security in the modern world. The contributors to this book take us deep into the complexity of food and illustrate the challenges of adequately understanding and approaching questions of food security and food sovereignty in a globally interconnected world. Transnational Food Security will be of great interest to scholars of international relations, political economy, and transnational law. The chapters were originally published as a special issue of Transnational Legal Theory Journal.
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
The dispute over genetically modified organisms has brought the US and the EU into conflict. This book examines 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.
The study of narratives in a variety of disciplines has grown in recent years as a method of better explaining underlying concepts in their respective fields. Through the use of Narrative Policy Framework (NPF), political scientists can analyze the role narrative plays in political discourse.
The National Research Council's Roundtable on Public Interfaces of the Life Sciences held a 2-day workshop on January 15-16, 2015, in Washington, DC to explore the public interfaces between scientists and citizens in the context of genetically engineered (GE) organisms. The workshop presentations and discussions dealt with perspectives on scientific engagement in a world where science is interpreted through a variety of lenses, including cultural values and political dispositions, and with strategies based on evidence in social science to improve public conversation about controversial topics in science. The workshop focused on public perceptions and debates about genetically engineered plants and animals, commonly known as genetically modified organisms (GMOs), because the development and application of GMOs are heavily debated among some stakeholders, including scientists. For some applications of GMOs, the societal debate is so contentious that it can be difficult for members of the public, including policy-makers, to make decisions. Thus, although the workshop focused on issues related to public interfaces with the life science that apply to many science policy debates, the discussions are particularly relevant for anyone involved with the GMO debate. Public Engagement on Genetically Modified Organisms: When Science and Citizens Connect summarizes the presentations and discussion of the workshop.
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.
History and development of Irish food law -- Domestic, European Union and international food law -- Key actors in Irish food law -- EU rules on the free movement of food -- Food safety -- Chemical and biological safety of food -- Food labelling and advertising -- Protected food names -- Nutrition, obesity and health -- Ethical and environmental aspects of food law.
In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.