This book presents a constructive exploration of the dilemmas the European Union faces in regulating the risks of the modern world. It examines the new European framework applicable to commercial releases of genetically modified organisms (GMOs), which was adopted in response to the crisis that surrounded the use of these products in the EU. It also assesses the regulatory character of this reform and its components. The author situates the problems of the EU GMO regime in the broader context of 'post-state' regulation and discusses them in the light of some of the governance theories which were developed to respond in part to the dilemmas of risk regulation. Accordingly, the book contains a systemic analysis of the new EU rules pertinent to GMO products, the new authorization procedures for GMO marketing, the new system for post-approval control of commercialized products, as well as an evaluation of these newly developed solutions. This examination reveals that the regime embodies different regulatory modes introduced by the EU, which are combined in various forms in a way that frequently influences the adequacy of the adopted measures. The conclusion stemming from these findings suggests that the most appropriate solution for GMO policy in the EU is a reflexive combination of various regulatory approaches by policy-makers which will allow for the reinforcement of their functions and the accommodation of different, often contradictory, policy needs. EU Governance of GMOs is the first complete analysis of this emerging new area of law, and it will be an invaluable book for lawyers and those working in the fields of agricultural, trade, and environmental law.
Author: Lucinda Miller
Publisher: Oxford University Press
Release Date: 2011-09-22
The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.
Author: Maria Weimer
Publisher: Oxford University Press
Release Date: 2019-03-14
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.
Author: Karolina ?urek
Publisher: Martinus Nijhoff Publishers
Release Date: 2011-11-11
Combining an empirical analysis of the evolution of EU food regulation with a theoretical study of selected mechanisms used in governing food, this book provides a critical outlook on the capacity of the regulatory system to accommodate increased post-enlargement diversity of socio-economic concerns.
Author: Heiko Hausendorf
Publisher: John Benjamins Publishing
Release Date: 2006-02-15
Genre: Language Arts & Disciplines
Citizenship talk refers to various types of discourse initiated to make citizens take part in politically and socially contested decision-making processes (‘citizen participation’). ‘Citizenship’ has, accordingly, become one of the dazzling key words whenever the democratic deficit of modern societies is moaned about. Asking for citizenship to be conceived of as a communicative achievement, the present book shows that sociolinguistics and pragmatics can essentially contribute to this interdisciplinary up-to-date issue of research: the volume offers a theoretically innovative concept of communicated citizenship and it presents a set of methodological approaches suited to deal with this concept at an empirical level (including contributions from Conversation Analysis, Critical Discourse Analysis, Social Positioning Theory, Speech Act Theory and Ethnography). Furthermore, concrete data and empirical analyses are provided which take up the case of decision-making processes around the application of modern ‘green’ biotechnology (‘GMO field trials’). The volume thus illustrates the kind of findings and results that can be expected from this new and promising approach towards citizenship talk.
Author: Klaus J. Hopt
Publisher: Oxford University Press on Demand
Release Date: 2005
Increased regulatory competition has sharpened the comparative awareness of advantages or disadvantages of different national models of political economy, economic organization, governance and regulation. Although institutional change is slow and subject to functional complementarities as wellas social and cultural entrenchment, at least some features of successful modern market economies have been in the process of converging over the last decades. The most important change is a shift in governance from state to the market. As bureaucratic ex-ante control is replaced by judicial ex-postcontrol, administrative discretion is replaced by the rule of law as guidelines for the economy. Furthermore, at least to some extent, public enforcement is being reduced in favor of private enforcement by way of disclosure, enhanced liability, and correspondent litigation for damages. Corporatistapproaches to governance are giving way to market approaches, and outsider and market-oriented corporate governance models seem to be replacing insider-based regimes.This transition is far from smooth and poses a daunting challenge to regulators and academics trying to redefine the fundamental governance and regulatory setting. They are confronted with the task of making or keeping the national regulatory structure attractive to investors in the face ofcompetitive pressures from other jurisdictions to adopt state-of-the-art solutions. At the same time, however, they must establish a coherent institutional framework that accommodates the efficient, modern rules with the existing and hard-to-change institutional setting. These challenges - put in acomparative and interdisciplinary perspective - are the subject of the book. As a reflection of the transnationality of the issues addressed, the world's three leading economies and their legal systems are included on an equal basis: the EU, the U.S., and Japan across each of the subtopics ofcorporations, bureaucracy and regulation, markets, and intermediaries.
Addresses the roles of various stakeholders in the decision-making process, and their expectations regarding how a modern system of radiological protection should be integrated within the broader context of risk governance. Case studies are presented to illustrate good practice and as a basis for drawing conclusions regarding general lessons that can be applicable in many different national contexts.
Author: Sheila Jasanoff
Publisher: Princeton University Press
Release Date: 2011-06-27
Genre: Political Science
Biology and politics have converged today across much of the industrialized world. Debates about genetically modified organisms, cloning, stem cells, animal patenting, and new reproductive technologies crowd media headlines and policy agendas. Less noticed, but no less important, are the rifts that have appeared among leading Western nations about the right way to govern innovation in genetics and biotechnology. These significant differences in law and policy, and in ethical analysis, may in a globalizing world act as obstacles to free trade, scientific inquiry, and shared understandings of human dignity. In this magisterial look at some twenty-five years of scientific and social development, Sheila Jasanoff compares the politics and policy of the life sciences in Britain, Germany, the United States, and in the European Union as a whole. She shows how public and private actors in each setting evaluated new manifestations of biotechnology and tried to reassure themselves about their safety. Three main themes emerge. First, core concepts of democratic theory, such as citizenship, deliberation, and accountability, cannot be understood satisfactorily without taking on board the politics of science and technology. Second, in all three countries, policies for the life sciences have been incorporated into "nation-building" projects that seek to reimagine what the nation stands for. Third, political culture influences democratic politics, and it works through the institutionalized ways in which citizens understand and evaluate public knowledge. These three aspects of contemporary politics, Jasanoff argues, help account not only for policy divergences but also for the perceived legitimacy of state actions.
The call for increased public involvement in the formulation of science and technology policy has resulted in the consensus conference: an initiative which involves lay people in the assessment of socially sensitive topics. This book draws together the pioneering experiences of the Danish, Dutch and British organisers of consensus conferences, as well as offering a scheme, developed at a multinational two-day workshop in 1995 in London, for producing comparable data for the evaluation of consensus conferences.
Author: Sven Eliæson
Release Date: 2008
Genre: Political Science
The European enlargement process culminating in 2004 was - as a follow-up to die Wende and the implosion of the Russian empire - an event of the same magnitude as 1815 and 1919. Like 1918-19, it was an 'exit into history', a momentous event in post-Westphalian Europe.
Author: John Komen
Publisher: Center For Strategic & International Studies
Release Date: 2013-05-03
Genre: Political Science
Agricultural biotechnology holds great promise in contributing to Africa’s socioeconomic development. This is confirmed by a growing body of literature analyzing the positive economic effects at the farm level, and also for a growing number of farmers in Africa. However, with the exception of Burkina Faso, Egypt, and South Africa, the African countries have been slow adopters of biotechnology crops for cultivation.