Transnational Narratives and Regulation of GMO Risks

Giulia Claudia Leonelli

• Verlag: Hart Publishing
• Jahr: 2021
• ISBN:
  9781509937394
• Auflage: 1
• Thema: Droit
• Thema: Droit de l'environnement

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.

Inhaltsverzeichnis

• Cover
• Dedication
• Title Page
• Acknowledgements
• Table of Contents
• 1. Introductory Overview: Transnational Narratives, Evidence-Based and Socially Acceptable Risk Approaches, Normative Analysis
• 2. Methodological and Normative Aspects: Transnational Legal Analysis as a Methodological Framework and the Limits of Legal Proceduralisation
• 3. Extra-Territoriality: Foundations and Implications of the Transnational Hegemonic Narrative within US Governance of GE Organisms
• 4. Across Extra-Territoriality and Legal Pluralisation: EU Regulation of GE Organisms. The Counter-Hegemonic Narrative and the Question of Regulatory Implementation
• 5. Legal Pluralisation: The SPS Agreement, GE Organisms and the Impossible Quest for Scientific Objectivity. From Sound Science to Transnational Regulatory Convergence and Trade Liberalisation
• 6. Legal Hybridisation: The Codex, NGO Regulatory Standards and GE Organisms. Adherence and Challenges to the Hegemonic Narrative
• 7. Conclusions: Transnational Legal Analysis, Transnational Narratives on Risk and the Failure of Science and Deliberation. Towards Legal Re-Materialisation?
• Selected Bibliography
• Index
• Copyright Page