Table Of ContentIus 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
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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
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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.
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