Two paths of risk regulation: the concurrence of scientific and sociocultural decision-making in the European law of agricultural genetic engineering |
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Authors: | Daniela Winkler |
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Affiliation: | 1. Law Department , University of Tübingen , Tübingen , Germany daniela.winkler@jura.uni-tuebingen.de |
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Abstract: | Future hazards which may result from genetically engineered plants can currently only be anticipated. Therefore, the handling of the potential risks is becoming a crucial political and legal question. The following article describes the differing national regulatory approaches in Europe: an economic, a scientific, and a sociopolitical approach pre-existed the European Union’s deliberate release Directive, which itself follows a primarily science-based approach. The latter is based on objective technological assessments of individual cases. At the same time, however, the Directive contains elements of a sociocultural approach, which is open to value-based judgments and thus, necessarily takes a subjective, general assessment of the use of genetically modified organisms. As a result, the European law of Agricultural Genetic Engineering provides two paths of risk regulation in parallel. |
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Keywords: | risk regulation law of genetic engineering release directive 2001/18/EC coexistence |
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