Risk Regulation, GMOs, and the Limits of Deliberation

Risk Regulation, GMOs, and the Limits of Deliberation

Author: Mark A. Pollack

Publisher:

Published: 2014

Total Pages: 0

ISBN-13:

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Over the past two decades, scholars of international law and international relations have drawn attention to the promise of deliberation as a logic of social action. In this “logic of arguing,” political actors do not simply bargain based on fixed preferences and relative power, they may also “argue,” questioning their own beliefs and interests and being open to persuasion and the power of a better argument. Despite the promise of deliberation as an alternative to power politics, particularly in deeply institutionalized settings such as the European Union, we argue that deliberation may be akin to a hothouse flower, which flourishes only under a set of conditions, including what Risse calls a “common lifeworld” and actors' uncertainties about their own interests. In this chapter, prepared for a book on the Council of the European Union (EU), we empirically analyze the role of deliberation in the making and implementation of EU law on agricultural biotechnology. The assessment and approval of individual GM foods and crops is a highly technical exercise, undertaken primarily by the European Commission, but with the supervision of “comitology” committees of member-state representatives, and ultimately by the Council of Ministers. Existing accounts of EU risk regulation identify it as a technical area ripe for truth-seeking deliberation among EU policy-makers, yet we find we find little evidence of meaningful deliberation in either comitology committees or in the Council. Instead, the record of EU decision-making on GMOs is one of bitter disputes, bargaining from fixed positions, formal voting, and ultimate deadlock in decision after decision over two decades. Deliberation, we argue, has not found a receptive home in the politically charged area of GMO regulation, underlining the limits to a form of decision-making that holds great promise in theory, but often fails to manifest itself in practice.


Risk Regulation in the Internal Market

Risk Regulation in the Internal Market

Author: Maria Weimer

Publisher: Oxford University Press

Published: 2019-03-14

Total Pages: 360

ISBN-13: 0191047198

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This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.


Risk Regulation in the Internal Market

Risk Regulation in the Internal Market

Author: Maria Weimer

Publisher: Oxford University Press

Published: 2019-03-19

Total Pages: 360

ISBN-13: 019104718X

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This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.


Transnational Narratives and Regulation of GMO Risks

Transnational Narratives and Regulation of GMO Risks

Author: Giulia Claudia Leonelli

Publisher: Bloomsbury Publishing

Published: 2021-11-04

Total Pages: 368

ISBN-13: 1509937374

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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.


Genetically Engineered Crops

Genetically Engineered Crops

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2017-01-28

Total Pages: 607

ISBN-13: 0309437385

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Genetically engineered (GE) crops were first introduced commercially in the 1990s. After two decades of production, some groups and individuals remain critical of the technology based on their concerns about possible adverse effects on human health, the environment, and ethical considerations. At the same time, others are concerned that the technology is not reaching its potential to improve human health and the environment because of stringent regulations and reduced public funding to develop products offering more benefits to society. While the debate about these and other questions related to the genetic engineering techniques of the first 20 years goes on, emerging genetic-engineering technologies are adding new complexities to the conversation. Genetically Engineered Crops builds on previous related Academies reports published between 1987 and 2010 by undertaking a retrospective examination of the purported positive and adverse effects of GE crops and to anticipate what emerging genetic-engineering technologies hold for the future. This report indicates where there are uncertainties about the economic, agronomic, health, safety, or other impacts of GE crops and food, and makes recommendations to fill gaps in safety assessments, increase regulatory clarity, and improve innovations in and access to GE technology.


When Cooperation Fails

When Cooperation Fails

Author: Mark A. Pollack

Publisher: Oxford University Press on Demand

Published: 2009-05-21

Total Pages: 456

ISBN-13: 019923728X

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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 European Crisis and the Transformation of Transnational Governance

The European Crisis and the Transformation of Transnational Governance

Author: Christian Joerges

Publisher: Bloomsbury Publishing

Published: 2014-11-13

Total Pages: 458

ISBN-13: 1782254900

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The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.


Unveiling the Council of the European Union

Unveiling the Council of the European Union

Author: D. Naurin

Publisher: Springer

Published: 2008-09-24

Total Pages: 330

ISBN-13: 0230583784

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Thanks to new transparency rules and increased efforts by scholars, researchers are better equipped than ever before to analyze the decision-making processes of the Council of the European Union and to test old wisdoms. This book covers the most contentious areas and important debates in current research.


The Interplay Between Competition Law and Intellectual Property

The Interplay Between Competition Law and Intellectual Property

Author: Gabriella Muscolo

Publisher: Kluwer Law International B.V.

Published: 2019-01-17

Total Pages: 566

ISBN-13: 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields