Genetic Technology and Food Safety PDF
Preview Genetic Technology and Food Safety
Ius Comparatum – Global Studies in Comparative Law Roland Norer Editor Genetic Technology and Food Safety Ius Comparatum - Global Studies in Comparative Law Volume 14 Series Editors Katharina Boele-Woelki , Bucerius Law School , Hamburg , Germany Diego P. Fernández Arroyo , Institut d’Études Politiques de Paris, Sciences Po, France Founding Series Editors Jürgen Basedow, Max Planck Institute for Comparative and International Private Law, Germany George Bermann, Columbia University School of Law, USA Editorial Board Bénédicte Fauvarque-Cosson, Université Panthéon-Assas, Paris 2, France Giuseppe Franco Ferrari, Università Bocconi, Milan, Italy Toshiyuki Kono, Kyushu University, Fukuoka, Japan Marek Safjan, Court of Justice of the European Union, Luxembourg Jorge Sanchez Cordero, Mexican Center of Uniform Law, Mexico Ulrich Sieber, Max Planck Institute for Foreign and International Criminal Law, Germany More information about this series at h ttp://www.springer.com/series/11943 Académie Internationale de Droit Comparé International Academy of Comparative Law Roland Norer Editor Genetic Technology and Food Safety Editor Roland Norer Faculty of Law University of Lucerne Lucerne , Switzerland ISSN 2214-6881 ISSN 2214-689X (electronic) Ius Comparatum - Global Studies in Comparative Law ISBN 978-3-319-23993-4 ISBN 978-3-319-23995-8 (eBook) DOI 10.1007/978-3-319-23995-8 Library of Congress Control Number: 2015959016 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 T his work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. T he use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. T he publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media ( www.springer.com ) Introduc tion The topic of Section II.D on environmental law at the occasion of the XIXth International Congress of Comparative Law in Vienna in 2014 was defi ned as fol- lows: “Genetic technology and food security”. The national reporters thus had the interesting task to analyse the national legis- lation at the interface between genetic engineering law and food law and put it into an international or supranational context. The different regulations that thereby came to light are evidence of the various opinions and policies the societies and states have developed on this matter. In total, 12 national reports were handed in for the section on environmental law. Geographically speaking, the subsequently presented reports in this volume may not seem representative, but they are, however, highly so from a legal point of view pertaining to possible positioning and options for action. A s a general reporter, I warmly thank the national reporters and the people who contributed to the success of this section’s work. My special thanks go to Christa Preisig, MLaw, for her assistance. I would also like to thank Springer for the con- structive collaboration and the publication of this volume. I am pleased to hereby present the work of Section II.D on environmental law of the XIXth International Congress of Comparative Law 2014 with the general report and the national reports. Lucerne, Switzerland Roland Norer April, 2015 v Contents 1 Genetic Technology in the Light of Food Security and Food Safety – General Report ....................................................... 1 Roland Norer and Christa Preisig Part I National Reports – EU 2 Genetic Technology and Food Security: Country Report – Germany ................................................................................. 73 Hans-Georg Dederer 3 Policies and Regulations in Belgium with Regard to Genetic Technology and Food Security: Country Report – Belgium .............. 125 Luc Lavrysen , Frank Maes , and Piet van der Meer 4 Genetic Technology and Food Safety: Country Report – Finland .... 153 Erkki J. Hollo 5 Regulating Genetically Modified Organisms in Ireland: A Laissez Faire Approach? – Country Report: Ireland ..................... 171 Mary Dobbs 6 Genetic Technology and Food Security: Country Report – Italy ...... 213 Alberto Germanò and Eva Rook Basile Part II National Reports – EFTA 7 Genetic Technology and Food Security: Country Report – Norway ..................................................................... 243 Hans Morten Haugen 8 Genetic Technology and Food Safety: Country Report – Switzerland ............................................................................. 255 Christoph Errass vii viii Contents Part III National Reports – America 9 Genetic Technology and Food Security: A View from the United States .................................................................................... 289 Margaret Rosso Grossman 10 Country Report: Canada ...................................................................... 333 Marie-Eve Arbour and Steven Hoeung 11 Report on Section II.D “Policies and Regulations in Mexico with Regard to Genetic Technology and Food Security”: Country Report: Mexico ....................................................................... 355 Claudia Colmenarez Ortiz and Sol Ortiz García Part IV National Reports – Asia 12 Genetic Technology and Food Safety in Taiwan: Country Report: Taiwan ....................................................................... 379 Anton Ming-Zhi Gao and Katherine Yuhh-Chihh Juang 13 Genetic Technology and Food Security: Country Report: The Macau S.A.R. (China) .................................................................... 409 Rostam J. Neuwirth Questionnaire ................................................................................................. 435 Contributors Marie-Ève Arbour is a full professor of civil law at Laval University, in Quebec City (Canada). She holds a Ph.D. from the Scuola Superiore Sant’Anna, where she still collaborates as a member of the LIDER-Lab. She has recently been a visiting scholar at Fordham and Washington and Lee Law Schools and is the author, among other publications, of F ragments de droit québécois et canadien . The present con- tribution was written in collaboration with S teven Hoeung , LL.B. candidate at Laval University. Claudia Colmenarez Ortiz is a Ph.D. candidate at the Department of European, Public and International Law at Ghent University (Belgium). Her doctoral dis- sertation deals with liability for environmental damages caused by genetically modified organisms. Her research topics include state liability, state responsi- bility, liability and redress, biosafety regulations and environmental liability. She practised as a civil law attorney in Mexico and holds an LL.M. degree from Ghent University. Hans-Georg Dederer i s a professor of Constitutional and Administrative Law, Public International Law and European and International Economic Law at the University of Passau (Germany). His fi elds of research include agricultural biotech- nology law as well as international environmental law. Mary Dobbs i s a lecturer in the Law School in Queen’s University Belfast (Northern Ireland). She holds a Ph.D. from UCD, which examined the question of whether the precautionary principle is viable as a legal principle. In particular, her thesis focused upon issues of legitimacy and justiciability, with a case study on the precautionary principle’s role in relation to genetically modifi ed organisms in the European Union. Her research focuses on European Union environmental, food and constitutional law, as well as legitimacy theories. ix
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