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Author: Alessandra Guida Publisher: Taylor & Francis ISBN: 1000816974 Category : Law Languages : en Pages : 296
Book Description
This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms “a constructive bridge of knowledge” between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.
Author: Alessandra Guida Publisher: Taylor & Francis ISBN: 1000816974 Category : Law Languages : en Pages : 296
Book Description
This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms “a constructive bridge of knowledge” between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.
Author: Alessandra Guida Publisher: Taylor & Francis ISBN: 1000816907 Category : Law Languages : en Pages : 354
Book Description
This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms “a constructive bridge of knowledge” between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.
Author: Marsha Echols Publisher: Kluwer Law International B.V. ISBN: 9041198490 Category : Business & Economics Languages : en Pages : 194
Book Description
Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favor of economic considerations, and for its visible undermining of unique cultural identities. This important book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author ably investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The Beef Hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion. Food safety is arguably the most important issue affecting international commerce today, urgently demanding enlightened discussion and action based on global consensus. This well-researched and thoughtful contribution offers significant clarification and perspective to policymakers, lawyers, academics and others engaged in this critical human drama in progress on the world stage.
Author: Oran R. Young Publisher: Brookings Institution Press ISBN: Category : Business & Economics Languages : en Pages : 226
Book Description
International institutions and the consequences of their interplay are emerging as a major agenda item for research and policy. As governments enter into an ever-increasing number of international agreements, questions arise about the overlap of issues, jurisdiction and membership. Of particular interest to practitioners and analysts is how this mélange of institutions at the international level intersects and interrelates to influence and affect the content, operation, performance and effectiveness of a specific institution, as well as the functioning of the overall global governance context. Biosafety, an issue relevant to numerous institutions, offers a case study for exploring and applying interplay in practical terms.--Publisher's description.
Author: K. D. Raju Publisher: The Energy and Resources Institute (TERI) ISBN: 9788179931264 Category : Science Languages : en Pages : 316
Book Description
The scientific controversies involving genetic science and ?biosafety? Have not been well understood by many. All claims about GMOs (genetically modified organisms) or LMOs (living modified organisms) are under controversy. The Cartagena Protocol is the first international agreement to regulate the transboundary movement of GMOs. Under the Convention on Biological Diversity, 190 countries agreed on the importance and concern over the spread and cross-border transfer of GMOs and their risks to environment and human health. Consequently, in 2000, they adopted the Cartagena Protocol to address the possible risks of GMOs. The protocol is an important step in the protection of biodiversity and biosafety. The concern of developing countries are not shared by the developed countries like the US, Canada, and Mexico. These countries produce more than 90% of the LMO crops and they are not ratified by the protocol. The protocol explicitly stipulates that countries should take precautionary measures to prevent GMOs from causing harm to biodiversity and human health.Members have to implement the protocol provisions at the domestic level. There are heated debates in India whether to allow the cultivation of GMOs? The civil society organizations are opposing the entry of multinational companies in the field trial of GMOs. In this scenario, a systematic review of the international legal regime to formulate a comprehensive policy on the subject in India is the need of the hour.
Author: Ruth Mackenzie Publisher: IUCN ISBN: 2831706718 Category : Biodiversity conservation Languages : en Pages : 315
Book Description
This guide has been prepared by the IUCN Environmental Law Programme and the Foundation for International Environmental Law and Development (FIELD), in cooperation with the World Resources Institute (WRI). The main goal of the guide is to facilitate the understanding of the obligations of Parties to the Protocol, by providing an information base on the content and origin of the Protocol provisions, accessible to the non-specialist and useful for those who will be involved in the development and implementation of national safety frameworks.
Author: Per Pinstrup-Andersen Publisher: Intl Food Policy Res Inst ISBN: 0896297063 Category : Political Science Languages : en Pages : 274
Book Description
In recent decades the world has made remarkable progress in improving the quality of life for millions of people, but the job of assuring sustainable food security for the world's poorest people remains unfinished. Booming populations, rapid urbanization,
Author: M. K. Sateesh Publisher: I. K. International Pvt Ltd ISBN: 8190675702 Category : Biotechnology Languages : en Pages : 804
Book Description
Biosafety deals with prevention of large scale loss of biological integrity focusing both on ecology and human health. It is related to several fields such as ecology, agriculture, medicine, chemistry and ecobiology. Bioethics is the philosophical study of the ethical controversies brought about by advances in biology and medicine. It is concerned with the ethical questions that arise in the relationships among life sciences, biotechnology, medicine, politics, law, philosophy and theology. It is concerned with the nature of life and death, the kind of life to be considered worth living, what constitutes murder, how people in very painful circumstances should be treated, what are the responsibilities of one human being to others, and other such living organisms. The book has been divided in 28 chapters. It is an integrated approach to encompassing information on different aspects of bioethics and biosafety and their applications in biotechnology. Simple, clearly understandable illustrations, correct and up to date information's are the main features of this book. The book is intended not only for undergraduate and postgraduate students of biotechnology, genomics and related sciences, but is also aimed to draw attention of policy makers and teachers at national and international levels to the possible approaches in the field of biotechnology. Key Features: Covers the topics in depth from basic and deals with the key subject areas. Takes a broader view of the earlier and current situation indifferent countries. Gives the uses and their ethical aspects of the different technological developments made in the biotechnology fields. Covers new developments in wider areas of biotechnology and its applications to mankind. Deals with aspects of the Bioethics and Biosafety protocols and their implements. Briefs the Indian Biodiversity Act.
Author: Alessandra Guida
Author: Alessandra Guida
Author: Alessandra Guida
Author: Marsha Echols
Author: Antonella Ingrassia
Author: Oran R. Young
Author: K. D. Raju
Author: World Trade Organization
Author: Ruth Mackenzie
Author: Per Pinstrup-Andersen
Author: M. K. Sateesh