The legitimacy of the regulatory environment: basic ideas

Roger Brownsword; Morag Goodwin

doi:10.1017/CBO9781139047609.011

7 - The legitimacy of the regulatory environment: basic ideas

from Part III - Regulatory legitimacy

Published online by Cambridge University Press: 05 August 2012

Roger Brownsword and

Morag Goodwin

Show author details

Roger Brownsword: Affiliation:
King's College London
Morag Goodwin: Affiliation:
Universiteit van Tilburg, The Netherlands

Book contents

Get access

Summary

Introduction

In 1990, the European Union established a regulatory regime in response to applications for the licensing and commercial marketing of genetically modified organisms (GMOs). Although Member States retained considerable regulatory powers over the licensing of GMOs, the responsibility for risk assessment and authorisation for products being released throughout the European Union area were shared between the Member States and Community institutions. Under the regime established by Directive 90/220/EC, eighteen genetically modified crops were licensed for sale within the European Union and thousands of field trials were approved.

However, by the late 1990s, faced with strong public protest against GMOs, Member States were refusing to license new products, and even where products had been authorised by the Council of Ministers, individual Member States were invoking the safeguard clause in the Directive to prevent licensing of these products in their own countries. Such was the collapse in confidence of the European regulatory regime for GMOs that by 1999 all new approvals of GMOs for commercial application were stopped. The regulatory framework had failed, but why?

Information

Type: Chapter
Information: Law and the Technologies of the Twenty-First Century
Text and Materials
, pp. 169 - 187

DOI: https://doi.org/10.1017/CBO9781139047609.011 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

References

Skogstad, GraceLegitimacy and/ or Policy Effectiveness?: Network Governance and GMO Regulation in the European UnionJournal of European Public Policy 10 2001 321CrossRef Google Scholar

Sandel, Michael J.The Case Against PerfectionCambridge, MAHarvard University Press 2007Google Scholar

Dworkin, RonaldSovereign VirtueCambridge, MAHarvard University Press 2000Google Scholar

Hart, H. L. A.The Concept of Law1961) (2nd edn, OxfordClarendon Press 1994 Bulloch, P.Raz, J.Google Scholar

Hart, H. L. A.Positivism and the Separation of Law and MoralsHarvard Law Review 71 1957 593CrossRef Google Scholar

Fuller, Lon L.Positivism and Fidelity to Law – A Reply to Professor HartHarvard Law Review 71 1957 630CrossRef Google Scholar

Fuller, Lon L.The Morality of LawNew HavenYale University Press 1969Google Scholar

2000

Picoult, JodiMy Sister’s KeeperLondonHodder & Stoughton 2004Google Scholar

Bignami, FrancescaNew Technologies and Human RightsOxfordOxford University Press 2009Google Scholar

Dworkin, RonaldJustice for HedgehogsCambridge, MAHarvard University Press 2011Google Scholar

Tamanaha, BrianOn the Rule of LawCambridgeCambridge University Press 2004CrossRef Google Scholar

Orwell, GeorgeNineteen Eighty-FourLondonPenguin Books 1990Google Scholar

Turkle, SherryAlone Together. Why We Expect More from Technology and Less from Each OtherNew YorkBasic Books 2011Google Scholar

Brownsword, RogerYeung, KarenRegulating TechnologiesOxfordHart 2008

Pettit, PhillipRepublicanism: A Theory of Freedom and GovernmentOxfordClarendon Press 1997Google Scholar

Franck, ThomasThe Emerging Right to Democratic GovernanceAmerican Journal of International Law 86 1992 46CrossRef Google Scholar

Marks, SusanWhat Has Become of the Emerging Right to Democratic Governance?European Journal of International Law 22 2011 507CrossRef Google Scholar

Merry, Sally EngleLegal PluralismLaw and Society Review 22(5) 1988 869CrossRef Google Scholar

Jessup, PhilipTransnational LawNew HavenYale University Press 1956Google Scholar

Teubner, GuntherGlobal Law without a StateAldershotDartmouth Gower 1997Google Scholar

2008

Ladeur, Karl-HeinzPublic Governance in the Age of GlobalizationAldershotAshgate 2004Google Scholar

Rosenau, James N.Governing Globalization: Power, Authority and Global GovernanceCambridgePolity 2002Google Scholar

Scott, ColinAccountability in the Regulatory StateJournal of Law and Society 27(2) 2000 38CrossRef Google Scholar

2006

Howse, RobertDemocracy, Science and Free Trade: Risk Regulation on Trial at the World Trade OrganizationMichigan Law Review 98 1999 2329CrossRef Google Scholar

Moravcsik, AndrewIn Defense of the “Democratic Deficit”: Reassessing the Legitimacy of the European UnionJournal of Common Market Studies 40(4) 2002 603CrossRef Google Scholar

Smith, JackieGlobalizing Resistance: The Battle of Seattle and the Future of Social MovementsMobilization 6 2001 1Google Scholar

Brownsword, RogerRights, Regulation and the Technological RevolutionOxfordOxford University Press 2008CrossRef Google Scholar

Rees, JosephDevelopment of Communitarian Regulation in the Chemical IndustryLaw & Policy 19(4) 1997 477CrossRef Google Scholar

Ida, RyuichiHuman EnhancementOxfordOxford University Press 2009Google Scholar