ABSTRACT

The trade conflicts that the EU has faced within the EU or WTO context demonstrate that the question of how to balance trade and other societal values in situations of uncertainty has not been solved by the regulatory model evolved by the EU in the aftermath of the BSE crisis – one which privileges processes of depoliticisation and scientification. This book addresses the current key dilemmas around science, law and the regulation of trade, both on a regime level and in the context of particular industrial sectors, e.g pharmaceuticals, climate change and nanotechnology. It will present possible future research avenues by looking at both theory and practice and learning from various disciplines (law and social sciences), legal realities (WTO, USA and EU) and actors (regulators, stakeholders, courts).

part I|21 pages

Introduction and conclusion

part II|66 pages

Science and precaution in regulatory decision-making

chapter 1|22 pages

Risk, uncertainty and precaution

Lessons from the history of US environmental law

chapter 2|27 pages

Science and decision-making

Can we both distinguish and reconcile science and politics?

chapter 3|15 pages

Between uncertainty and responsibility

Precaution and the complex journey towards reflexive innovation

part III|69 pages

Regulatory practice: Pharmaceuticals, nanotechnology and climate change

chapter 4|22 pages

Handling pharmaceutical risks in post-trust society

Science-based decision making under strain?

chapter 5|20 pages

Responsive governance of uncertain risks in the European Union

Some lessons from nanotechnologies

chapter 6|25 pages

Climate change, targets and trade

An EU law perspective on the preferential treatment of international competing industries

part IV|74 pages

Role of courts

part V|25 pages

Role of stakeholders

chapter 9|19 pages

Involving stakeholders in risk governance

The importance of expertise, trust and moral emotions

chapter 10|4 pages

The interplay between science, law, health and trade

A practitioner's perspective