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: 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: Roger Brownsword
Publisher: Oxford University Press
Release Date: 2017-07-20
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
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: 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.
Outlining the results of a three-country study, this text examines the impact of EU policy on the domestic, political and institutional environment. It tests ideas about new forms of governance that reflect the values of participation and empowerment of local interests, particularly through a close scrutiny of the environmental impact process. The book also analyzes the responses of the business sector in three countries - Germany, Greece and Great Britain - to the introduction of a voluntary environmental management system, the eco-management and audit scheme.
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.
Internationale Organisationen mit globaler oder regionaler Reichweite (z.B. UN, IWF, Weltbank, WTO, EU) spielen eine zunehmend wichtige Rolle bei der Schaffung und Implementierung von internationalen Normen und Regeln, mithin bei Global Governance. Die Sicherheit, das ökonomische Wohlergehen, der Schutz der Menschenrechte und die ökologischen Lebensbedingungen von Menschen weltweit werden von der Fähigkeit bzw. Unfähigkeit internationaler Organisationen, Kooperation und Regieren jenseits des Nationalstaates möglich zu machen und zu stabilisieren, beeinflusst. Das Lehrbuch will die Leserin bzw. den Leser daher theoretisch informiert und empirisch fundiert mit den Entstehungsbedingungen, der Entwicklung, Funktionsweise und den Tätigkeiten internationaler Organisationen vertraut machen. Es führt in die wichtigsten Theorien über internationale Organisationen ein und bietet einen historischen Überblick über internationale Organisationen in verschiedenen Politikfeldern. Das Lehrbuch analysiert ferner die Akteure, Strukturen und Prozesse, die die Entscheidungsfindung in internationalen Organisationen prägen. Schließlich werden die Tätigkeiten eines breiten Spektrums internationaler Organisationen und deren Beitrag zur kooperativen Bearbeitung grenzüberschreitender Probleme in den Sachbereichen „Sicherheit“, „Wirtschaft“, „Umwelt“ und „Menschenrechte“ untersucht.
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.