bluuebunny/crossref_metadata_2025 huggingface dataset:
Biotechnology and the Developing Countries: The Same Old Story?
Authors: Zilinskas Raymond
Published: February 2017

One of the more depressing thoughts that afflicts me Phoenix-like is whether or not I am in fact adding to the process of development. Will the work I am doing to affect the international transfer of biotechnology and relevant information to the developing countries help them realize an improvement in the standard of living of their people? Or, as Sanford Lakoff asks, will my work more likely result in a malaria vaccine (made possible by the application of genetic engineering techniques) that will save millions of people-only to have them face starvation? Will advances in agriculture aggravate the ongoing unsettling of populations from rural areas with all the associated miseries this implies? If and when a bioscience-based industry is established in a developing country, will the sale of its products largely benefit a few owners and corrupt officials (no doubt bought off to turn a blind eye to violations of safety codes)? Is biotechnology likely to upset social orders, thus bringing about more unrest and civil discord in individual countries?
A Biosocial Theory of Social Stratification Derived from the Concepts of Pro/Antisociality and r/K Selection
Authors: Ellis Lee
Published: February 2017

A theory of social stratification is proposed that was derived from combining two conceptual continuums, both referring to phenomena that appear to be genetically influenced: pro/antisociality and r/K selection. Pro/antisociality refers to behavioral tendencies epitomized at one end by altruism, and, at the other end, by victimizing behavior (particular violent offenses). r/K selection refers to a variety of physiological and behavioral traits, epitomized at the r-end by organisms that reproduce in large numbers, while committing minimal time and energy to the nurturing of each offspring, and at the K-end by organisms that reproduce in small numbers, but make maximum commitments to nurturing each offspring. The theory postulates that the space created by the right-angle intersection of these two variables gives rise to human social stratification. Variations in educational achievement, earnings, and occupational prestige within the theoretical space created by these two variables in industrial societies are hypothesized and discussed.
Epidemiologic Surveillance for Investigating Chemical or Biological Warfare and for Improving Human Health
Authors: Morse Stephen S.
Published: February 2017

Peter Barss makes a compelling case both for the value of epidemiology in investigating suspected use of chemical, biological, or toxin warfare (CBTW), and for consistency in epidemiologic procedures. Since John Snow in the nineteenth century, “armed only with [his] five senses and [his] notebook,” carried out his pioneering epidemiologic investigations to determine the source of the cholera epidemic then raging in London, the value of epidemiology for analyzing incidents of unexpected illness or death, in whatever context they occur, has been demonstrated many times over. Despite this, as Barss convincingly shows, the routine practice of field epidemiology is still often not fully or properly utilized in investigating alleged CBTW.
Sex, Coalitions, and Politics in Preindustrial Societies
Authors: Low Bobbi S.
Published: February 2017

Broadly defined, political activity normally involves some form of coalition, usually centering upon resource acquisition, and is not restricted to humans. Male and female mammals appear to have evolved to seek and use resources differently—males to get mates (mating effort) and females to raise healthy, successful offspring (parental effort). Because the return curves for these two types of effort differ in shape, several predictions follow about sex differences in political activity. These predictions are tested using the 93 odd-numbered societies of the Standard Cross-Cultural Sample. Results offer insights into current patterns of male and female political activity in Western societies.
Tom Wiegele: A Class Act
Authors: Barner-Barry Carol
Published: February 2017

Tom Wiegele was a class act. Tall, white-haired, distinguished, thoughtful, and, above all, principled, he appeared too good to be true. Tom exemplified that precious and, it sometimes seems, increasingly rare combination, a gentleman and a scholar.
Graduate Study in Biopolitics at Northern Illinois University
Authors: Schubert James N.
Published: February 2017

During the 1980s, there was substantial growth in biopolitical scholarship and organizational activity. In addition to the many articles and books that were published, the Association for Politics and the Life Sciences was formed, this journal was launched, and a Politics and the Life Sciences Organized Section was established within the American Political Science Association.
Factors Considered by Ohio Juvenile Court Judges in Judicial Bypass Judgments: A Policy-Capturing Approach
Authors: Sensibaugh Christine Cregan , Allgeier Elizabeth Rice
Published: February 2017

Judicial bypass is a procedure by which a minor can bypass notification of her parents to obtain an abortion if a judge finds her to be sufficiently mature. We examined the factors used by juvenile court judges in judicial bypass. Nine Ohio juvenile court judges indicated the likelihood of granting judicial bypass for 48 fictitious adolescents based on six factors relevant to each minor's maturity. Individual policies were calculated according to how each factor was weighed. The policies indicated that age, coercion of the minor's decision, and assessment of risk were more heavily weighed than were grade point average, extracurricular activities, and past work experience. Although the judges used the same factors, there were large differences in how those factors were used and in the total cases judged mature. The results indicated that the judges had little insight into their own judgment policies.
The Fourth Review Conference of the Biological and Toxin Weapons Convention: Issues, Outcomes, and Unfinished Business
Authors: Dando Malcolm R. , Pearson Graham S.
Published: February 2017

The Fourth Review Conference of the Biological and Toxin Weapons Convention was held November 25 to December 6, 1996. It successfully re-emphasized the norm against biological warfare, usefully broadening this to include molecular biology and applications resulting from genome studies. It also emphasized that use in any way and under any circumstances would be a violation of Article I. Disappointingly, compliance concerns regarding Iraq and the former Soviet Union were less strongly addressed. Article IV and the importance of national legislation as a potential counter to possible terrorist use was underlined. The importance of the existing confidence-building measures (CBMs) was confirmed and the work of the Ad Hoc Group was strongly endorsed, with a change to a negotiating format being explicitly stated, although without setting the target date of 1998 for completion. Article X was re-emphasized, with special note made of the advances made at the Rio Summit, Agenda 21, the Convention on Biological Diversity, and of the initiatives being taken by the World Health Organization to counter new, emerging, and re-emerging infectious diseases. This article addresses the issues, outcomes, and unfinished business of the Fourth Review Conference.
Assuming the Conclusions: Risk Assessment in the Development of Cancer Policy
Authors: Rushefsky Mark E.
Published: February 2017

This article examines the development of generic cancer risk assessment guidelines, or cancer policy, from 1976-1984. Risk assessment is considered the objective determination of the degree of risk from a substance. Risk management is the subjective determination of acceptable risk. However, uncertainties in the scientific foundations of cancer policy necessitate risk assessment inference choices, for example, over appropriate dose-response extrapolation models. Those choices are only partially scientific; they are also partially political. There is, as a result, an inevitable mixture of facts and values in cancer policy. The article explores ten inference controversies and evaluates how nine cancer policy documents resolved those controversies. It then traces the course of cancer policy development, showing how the Carter and Reagan administrations produced policies with difference emphases and considers several major challenges to cancer policy. The article then provides several justifications for cancer policy in the face of those challenges. It suggests, in the conclusion, that the controversies are unlikely to be resolved by science alone and politics will continue to influence the content of cancer policies.
Vigorous Shaking of Political Prisoners as a Means of Interrogation: Physical, Affective, and Neuropsychological Sequelae
Authors: O'Rourke Norm
Published: February 2017

Torture is a crude and ancient method of extracting information and confessions from prisoners. Its use is still widespread throughout the world, but its techniques have become increasingly sophisticated. Today, information and confessions are commonly extracted from political prisoners with few signs of physical trauma. For instance, Israel's General Security Service has come to employ vigorous shaking as one such means of interrogation within the Occupied Territories of the Gaza and West Bank. This procedure may sound innocuous, but there are good reasons to believe that vigorous shaking can induce whiplash-related injuries. Such evidence is found in the child abuse and motor vehicle accident literature. Although global intellect may appear unaffected, more subtle emotional and cognitive dysfunction can create lasting impairment. This article concludes that vigorous shaking of political prisoners is a dangerous and potentially lethal mode of interrogation that should be discontinued by Israel's General Security Forces and avoided by all governments.
Secrecy and Openness in Donor Insemination
Authors: Daniels Ken R. , Taylor Karyn
Published: February 2017

This article explores the issues surrounding the notions of secrecy and openness in donor insemination (DI). Secrecy in DI is first placed in historical context, with an outline of some of the main reasons that secrecy has been advocated. The concept of openness is then introduced, and some of the arguments for a more open approach to DI are presented. On this basis, the responses of various governments to calls for more openness are outlined, and the social policy implications of these are discussed. It is concluded that more openness in DI would be advantageous to all of those involved. Couples, professionals, and policymakers are therefore urged to reexamine their views about the need for maintaining secrecy in the area.
The Evocative Nature of Kin Terminology in Political Rhetoric
Authors: Salmon Catherine A.
Published: February 2017

Kin terms such as “brothers,” “sisters,” and “motherland” are frequently used in both political and patriotic speech. Johnson (1986, 1987) has argued that this use of kin terms in patriotic or rhetorical speech can be predicted on the basis of evolutionary psychology. He has suggested that the human inclination toward nepotistic behavior can be called forth by the successful manipulation of kin terminology. In this study, two hypotheses were examined concerning the evocativeness of kin terminology in political speech and the influence of birth order on the effectiveness of such terminology. The first hypothesis was that kin terms would be more effective than more distant relationship terms (like “friend”) in evoking a positive response. Kin terms elevated agreement with the views expressed in the speech that the subjects heard. The second hypothesis, that middleborns would be less likely to respond to such kin term usage than first or lastborns, was based on previous work on birth order and family relations (Salmon and Daly, in press). And in fact, middleborns were less likely to be influenced by the use of kin terms than first or lastborns in this study.
High levels of genetic structuring in the Antarctic springtailCryptopygus terranovus
Authors: Carapelli Antonio , Leo Chiara , Frati Francesco
Published: February 2017

Previous work focused on allozymes and mitochondrial haplotypes has detected high levels of genetic variability betweenCryptopygus terranovuspopulations, a springtail species endemic to Antarctica, until recently namedGressittacantha terranova. This study expands these biogeographical surveys using additional analytical techniques, providing a denser haplotype dataset and a wider sampling of localities. Specimens were collected from 11 sites across Victoria Land and sequenced for the cytochromecoxidase subunit I mitochondrial gene (cox1). Haplotypes were used for population genetics, demographic, molecular clock and Bayesian phylogenetic analyses. Landscape distribution and clustering of haplotypes were also examined for the first time in this species. Only three (out of 67) haplotypes are shared among populations, suggesting high genetic structure and limited gene flow between sites. As in previous studies, the population of Apostrophe Island has a closer genetic similarity with those of the central sites, rather than with its neighbours. Molecular clock estimates point to early differentiation of haplotypes in the late/mid-Miocene, also supporting the view thatC. terranovusis a relict species that survived on the Antarctic continent during the Last Glacial Maximum. The present genetic composition of populations represents a mixture of ancient and more recent haplotypes, sometimes occurring in the same localities.
Comparison of the DSM–5 and ICD–10: panic and other anxiety disorders
Authors: Bandelow Borwin
Published: February 2017

Anxiety disorders are the most prevalent mental disorders and are associated with substantial healthcare costs and a high burden of disease. In this article, changes in the new Diagnostic and Statistical Manual for Mental Disorders (the DSM–5) with respect to panic disorder/agoraphobia, generalized anxiety disorder, social anxiety disorder, specific phobias, and selective mutism are compared with the International Classification of Diseases (ICD–10) system.
Public policies in a regulated entrepreneurial setting
Authors: Marcus Alfred A. , Cohen Susan K.
Published: February 2017

The existing literature in public policy has commented mostly on mature and established businesses, leaving the relationships between entrepreneurial businesses and public policies less explored. Relying on qualitative research methods and quantitative surveys, we examine how managers in an intensively regulated entrepreneurial setting assessed the desirability of public policies. We show that managers in the regulated energy efficiency and renewable (EERE) business sector in the 1990s tended to view public policies favorably only if they lacked control over the business environment. The less control they perceived they had over the business environment, the more favorably they tended to view public policies. Our findings suggest that managers in a regulated entrepreneurial setting tend to view public policies as substitutes for their efforts to control their business environment, not as complements, as studies of mature and established companies in regulated settings commonly find. However, we also find some evidence to suggest these perceptions may evolve, as a business experiences greater success attracting customers.
Cultural influences upon advance care planning in a family-centric society
Authors: Tay Keson , Yu Lee Rachel Jia , Sim Shin Wei , Menon Sumytra , Kanesvaran Ravindran , Radha Krishna Lalit Kumar
Published: February 2017

Objective:

Advanced care plans (ACPs) are designed to convey the wishes of patients with regards to their care in the event of incapacity. There are a number of prerequisites for creation of an effective ACP. First, the patient must be aware of their condition, their prognosis, the likely trajectory of the illness, and the potential treatment options available to them. Second, patient input into ACP must be free of any coercive factors. Third, the patient must be able to remain involved in adapting their ACP as their condition evolves. Continued use of familial determination and collusion within the local healthcare system, however, has raised concerns that the basic requirements for effective ACP cannot be met.

Method:

To assess the credibility of these concerns, we employed a video vignette approach depicting a family of three adult children discussing whether or not to reveal a cancer diagnosis to their mother. Semistructured interviews with 72 oncology patients and 60 of their caregivers were conducted afterwards to explore the views of the participants on the different positions taken by the children.

Results:

Collusion, family-centric decision making, adulteration of information provided to patients, and circumnavigation of patient involvement appear to be context-dependent. Patients and families alike believe that patients should be told of their conditions. However, the incidence of collusion and familial determination increases with determinations of a poor prognosis, a poor anticipated response to chemotherapy, and a poor premorbid health status. Financial considerations with respect to care determinations remain secondary considerations.

Significance of results:

Our data suggest that ACPs can be effectively constructed in family-centric societies so long as healthcare professionals continue to update and educate families on the patient's situation. Collusion and familial intervention in the decision-making process are part of efforts to protect the patient from distress and are neither solely dependent on cultural nor an “all-or-nothing” phenomenon. The response of families are context-dependent and patient-specific, weighing the patient's right to know and prepare and the potential distress it is likely to cause. In most cases, the news is broken gently over time to allow the patient to digest the information and for the family to assess how well they cope with the news. Furthermore, the actions of families are dependent upon their understanding of the situation, highlighting the need for continued engagement with healthcare professionals.
Imperial polities, intercolonialism, and the shaping of global governing norms: public health expert networks in Asia and the League of Nations Health Organization, 1908–37
Authors: Akami Tomoko
Published: February 2017

This article stresses the role of colonial governments, not only national sovereign states, in Asia (and to a lesser extent, Africa) at the League of Nations in shaping global governing norms. It emphasizes the significance of lateral and horizontal cooperative actions across colonial governments, especially intercolonial networks of public health experts. It argues that the League of Nations Health Organization (LNHO) accepted these intercolonial practices in Asia in the 1920s, and that this led it to recognize colonial governments as formal and legitimate units in its intergovernmental conferences held in the mid 1930s. In the process, the LNHO provided an intercolonial channel for ‘national’ experts from colonial Asia to participate directly in regional and global governing norm-making processes. In turn, this highlights both the ambiguous nature of national experts and the intercolonial legacy in international health programmes in developing countries in the post-war period.
‘Born in the corridors of the OECD’: the forgotten origins of the Club of Rome, transnational networks, and the 1970s in global history
Authors: Schmelzer Matthias
Published: February 2017

This article re-examines a contested chapter in the international and environmental history of the 1970s. Even though largely neglected by historical research and in the public memory, the Club of Rome – widely remembered for its 1972 report The limits to growth – was not only born within the OECD, but was also in its early period strongly influenced by debates within this think tank of the industrialized countries. Using previously overlooked sources, this article analyses this highly unlikely OECD–Club of Rome nexus. It not only offers a privileged view into the social history of international policy-making and the related personal entanglements and ideological transfers at a key moment of post-war history. It also demonstrates that the social, intellectual, and economic turmoil of the late 1960s prompted a rethinking of the economic growth paradigm, even within those technocratic institutions that had aspired to guide the post-war industrial growth regime. The article argues that these links are not only vital for our understanding of the relationship between acquisitive growth capitalism and environmentalism, but also enable a more profound understanding of the role of transnational networks in global history and the appreciation of the place of the 1970s in world history.
Empires and protection: making interpolity law in the early modern world
Authors: Benton Lauren , Clulow Adam
Published: February 2017

References to protection were ubiquitous across the early modern world, featuring in a range of transactions between polities in very different regions. And yet discourses about protection retained a quality of imprecision that makes it difficult to pin down precise legal statuses and responsibilities. It was often unclear who was protecting whom or the exact nature of the relationship. In this article, we interrogate standard distinctions about the dual character of protection that differentiate between ‘inside’ protection of subjects and ‘outside’ protection of allies and other external groups. Rather than a clear division, we find a blurring of lines, with many protection claims creatively combining ‘inside’ and ‘outside’ protection. We argue that the juxtaposition of these ‘inside’ and ‘outside’ meanings of protection underpinned the formation of irregular, interpenetrating zones of imperial suzerainty in crowded maritime arenas and conflict-ridden borderlands across the early modern world.
From global to local and back: the ‘Third World’ concept and the new radical left in France
Authors: Kalter Christoph
Published: February 2017

In the second half of the twentieth century, the transnational ‘Third World’ concept defined how people all over the globe perceived the world. This article explains the concept’s extraordinary traction by looking at the interplay of local uses and global contexts through which it emerged. Focusing on the particularly relevant setting of France, it examines the term’s invention in the context of the Cold War, development thinking, and decolonization. It then analyses the reviewPartisans(founded in 1961), which galvanized a new radical left in France and provided a platform for a communication about, but also with, the Third World. Finally, it shows how the association Cedetim (founded in 1967) addressed migrant workers in France as ‘the Third World at home’. In tracing the Third World’s local–global dynamics, this article suggests a praxis-oriented approach that goes beyond famous thinkers and texts and incorporates ‘lesser’ intellectuals and non-textual aspects into a global conceptual history in action.
Expert-influence in adapting flood governance: An institutional analysis of the spatial turns in the United States and the Netherlands
Authors: BERGSMA EMMY
Published: February 2017

In response to climate change, many national governments are shifting their focus from ‘safety’ to ‘spatial-planning’ measures in flood governance. Rather than providing full protection against floods, spatial-planning measures aim to reduce the impacts of floods by encouraging damage mitigation in local-level spatial-planning and building choices. This turn to spatial-planning measures has important implications for how costs and responsibilities are divided in flood governance. This paper examines the role of experts in shaping the distributive aspects of this shift. Using a theoretical framework on institutional change, the role of experts is analyzed in two case studies. The first focuses on the United States, where a turn to spatial-planning measures was made in the 1960s. The second case study looks at this turn Dutch flood governance, which has always been characterized by a strong safety paradigm. The paper draws conclusions about the effects of expert-influence on distributive decision-making underlying institutional changes in both cases.
Regulatory Impact Assessment
Authors: Allio Lorenzo
Published: February 2017

This section regularly examines Regulatory Impact Assessment (IA) at three levels: the EU, the Member States and internationally. Contributions aim to cover aspects such as the interface between IA and risk analysis, looking at methodologies as well as legal and political science-related issues. Contributions are meant to report and critically assess recent developments in the field, develop strategic thinking, and make constructive recommendations for improving performance in IA processes.
Member States Have a Wide Margin of Appreciation When Drawing National Action Plans in Environmental Protection
Authors: Georgiev Vihar
Published: February 2017

The Commission's task is to verify the legality of the national allocation plan while respecting the “margin for manoeuvre” granted to the Member State in the implementation of Directive 2003/87/EC in the context of the drawing up of that plan. Within this “margin of manoeuvre” Member States also have the right to choose the data and its method of evaluation (author's headnote).
Defining Nanomaterials for the Purpose of Regulation within the European Union
Authors: Bowman Diana , D'Silva Joel , van Calster Geert
Published: February 2017

Consumer desire for superior and new products has provided industry with the opportunity and market demand to incorporate and experiment with new technologies, including nanotechnologies. While these products and processes have fallen under the scope of existing regulatory frameworks, potential health and safety concerns has prompted some stakeholders to call for new, nano-specific regulations. Until now, governments have been hesitant to respond to such demands given the evolving state of the scientific art and limited international agreement as to what nanotechnologies or nanomaterials “are”. Despite these challenges, in November 2009 the European Union formally embraced the idea of specifically regulating the use of nanomaterials in cosmetic formulations. To achieve this objective, the Parliament and Council had to define what they meant by nanomaterials within the context of the adopted text in order to regulate them. It appears likely that other instruments will be similarly amended so as to include nano-specific provisions, including definitions. This article explores this policy shift within the European Union and the implications of the Parliament and Council's stance at this stage due to the absence of a generally accepted definition within the international community.
Putting Risk Management to the Test or Why it is Ineffectual to Separate Risk Assessment from Risk Management: The Story of Maximum Levels for Aflatoxins
Authors: Giorgi Liana , Tandon Annuradha
Published: February 2017

This article reviews the policy process of setting maximum levels for aflatoxins by the European Union and the Codex Alimentarius Commission. The differences between the two regulatory organizations and the difficulties entailed in the alignment of the two standards are illustrative of the problems inherent in risk analysis in the food sector. This case is also instructive with respect to the way in which scientific evidence is used when deciding on appropriate food safety standards.
Medical Methods, Risks to Public Health and Exclusion from Patentability
Authors: Bonadio Enrico
Published: February 2017

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals' health and safety, inter alia.
Competition of Agencies in European Pharmaceutical Law – Does It Exist, Is It Desirable and How to Handle It?
Authors: Purnhagen Kai P.
Published: February 2017

Rarely has international law been investigated from a Business to Agency (B2A) or even Agency to Agency (A2A) perspective. In recent years, the “mushrooming” of agencies at European level has triggered the importance of looking more closely into the relationship of the agencies towards each other. Is there a struggle over competences and regulatory objects, and would such competition lead to desirable outcomes? In this paper I will first show that, due to the historical development of administrative law in Europe and the USA, the perception of the desirability of agency competition differs. I will then contrast these findings with EU pharmaceutical law and show that it tends to avoid competition. Also, in practice, competition among agencies is still exceptional for European pharmaceutical regulation. Finally, I conclude these findings and hint at the limits of the desired process for further coherence. Although a move towards even greater convergence in European risk regulation is desirable, it does have its limits set by the principle of conferral in Article 5 (1, 2) EU read in conjunction with the areas of shared competence and the competence to support, coordinate and supplement.
Hazard v. Risk in EU Chemicals Regulation
Authors: Nordlander Kristina , Simon Carl-Michael , Pearson Hazel
Published: February 2017

Hazard is the potential of something to cause harm; risk is the likelihood of harm occurring. Chemicals regulation is largely focused on minimising risks associated with chemicals — and rightly so. However, in the EU the hazard classification of individual chemicals can impact significantly the regulation of products containing those chemicals, regardless of the actual risks that the products may pose to human health or the environment. This can lead to undesirable consequences, such as restrictions on the use of safe products, substitution towards less safe products, and disincentives to innovate. Such hazard-based regulation tends to be at odds with World Trade Organization rules and has raised significant concern with EU trading partners. This journal is an ideal forum for discussing how the EU can move towards a better and more coordinated legal framework for the regulation of chemicals.
The European Court of Auditors Steps Out Of Its Comfort Zone With An ‘Impact Assessment Audit’
Authors: Meuwese Anne
Published: February 2017

“The Court considers that the Commission should give due consideration to the principles of clarity of objectives, simplification, realism, transparency and accountability when designing new and revising existing interventions.”
2010 Meltdown – Airport Closure Risk Communications in London and NYC
Authors: Chakraborty Sweta , Creutzfeldt-Banda Naomi
Published: February 2017

Saturday, 18 December 2010 was the first of a two day complete closure of all London area airports due to freezing temperatures and approximately five inches of snow. A week later on December 26th, New York City area airports closed in a similar manner from the sixth largest snowstorm in NYC history, blanketing the city approximately twenty inches of snow. Both storms grounded flights for days, and resulted in severe delays long after the snow stopped falling. Both London and NYC area airports produced risk communications to explain the necessity for the closures and delays. This short flash news report examines, in turn, the risk communications presented during the airport closures. A background is provided to understand how the risk perceptions differ between London and NYC publics. Finally, it compares and contrasts the perceptions of the decision making process and outcomes of the closures, which continue to accumulate economic and social impacts.
Supplementary Protection Certificates for Plant Protection Products and Provisional Marketing Authorization: The ECJ's Decision in Lovells v. Bayer
Authors: Bonadio Enrico
Published: February 2017

The European Court of Justice (ECJ) rendered a decision regarding supplementary protection certificates (SPCs) for plant protection products and provisional marketing authorisation. The ECJ clarified that SPCs for patented plant protection products may also be based on provisional marketing authorizations pursuant to Article 8(1) Directive 91/114 (author's headnote).
The Commission's New Approach to the Cultivation of Genetically Modified Organisms
Authors: Poli Sara
Published: February 2017

The Commission has proposed to legitimise the renationalization of the cultivation of GMOs (Genetically Modified Organisms) accepting the request of a group of Member States who raised concerns at the Environment Council of June 2009 regarding the EU-wide decisions on GMO2cultivation.
EU GM Crop Regulation: A Road to Resolution or a Regulatory Roundabout?
Authors: Morris Shane H. , Spillane Charles
Published: February 2017

Since first embarking on the road of risk management options for the regulation of recombinant DNA (rDNA) activities and use in 1978, the European Union (EU) has largely failed to create a regulatory and policy environment regarding genetically modified (GM) crops and their cultivation that is (a) efficient, (b) predicable, (c) accountable, (d) durable or (e) interjurisdictionally aligned.
To Label or Not to Label? – It's More than a Nano-sized Question
Authors: D’Silva Joel , Bowman Diana Megan
Published: February 2017

This section is meant to give readers an insight into the emerging field of nanotechnologies and risk regulation. It informs and updates readers on the latest European and international developments in nanotechnologies and risk regulation across different sectors (e.g., chemicals, food, cosmetics, pharmaceuticals) and policy areas (e.g., environmental protection, occupational health and consumer product, food and drug safety). The section analyzes how existing regulatory systems deal with new kinds of risks and reviews recent regulatory developments with a focus on how best to combine scientific freedom and technological progress with a responsible development and commercialization of nanotechnologies.
Risk versus Hazard – How to Regulate in the 21stCentury
Authors: Lofstedt Ragnar E.
Published: February 2017

In Europe, debate as to whether one should regulate chemicals based on intrinsic hazard or assessment of risk, or possibly a combination of both, has been gaining momentum. This article first provides a brief history of this risk versus hazard debate. Secondly, it examines how European regulators are currently handling the regulation of two chemical compounds, namely Bisphenol A and Deca BDE (a brominated flame retardant), based on forty-five expert interviews with regulators, policy makers and industry representatives in eight Member States, as well as with European Commission officials. The paper shows that there is no clear consensus as to when risk or hazard considerations should be the basis for regulatory decision-making, with wide discrepancies between Member States (e.g. the UK is overall more risk based than Sweden) and between regulatory agencies within Member States. The penultimate section puts forward a series of recommendations to help regulators and policy makers develop more consistent and science based regulations for Europe.
Bridging the Risk-Hazard Divide
Authors: Karlsson Mikael
Published: February 2017

The often referred to risk-hazard divide is commonly exaggerated. With some exceptions, few in the risk camp argue against hazard classification as basis for labelling of e.g. carcinogenic substances (which has been the case for decades) and few in the hazard camp criticise the use of risk assessments, once they are established. Agencies and politicians commonly look at both sides of the coin in practise. However, improved chemicals management would benefit from further bridging the risk-hazard divide. Professor Lofstedt does a good job in arguing from a risk perspective, but he leaves out much of the other side of the coin, so in the following, I will discuss his perspectives and try to complement his recommendations.
“Better Regulation Yes – De-regulation No.”: A Trade Union's Perspective on the Regulatory Reform Agenda in the UK
Authors: Veale Sarah
Published: February 2017

Good regulation is essential, to protect employees, consumers and the public, as well as the environment. To argue that the market should be allowed to be the determinant of working conditions, together with a bit of exhortation to employers to behave decently, is to accept the Victorian approach that allowed children to work in coal mines.

The massive problems in the finance sector recently also show only too well the impact of weak regulation and de-regulation.

That said, Governments do not always get it right when they do regulate and there is undoubtedly some regulation that is no longer necessary, or is out of date, or is over-complicated or hard to enforce. Neither have Governments showed themselves to be very good at assessing public risk or balancing public health and environment protection with innovation and growth. As the former Risk and Regulation Advisory Council suggested, risk is often assessed through the prism of media sensationalism, political point scoring, civil service attachment to legislation and “risk mongers” such as insurance companies that have a vested interest in talking up risk.
Non-Discrimination and the Many Faces of Private Law in the Union – Some Thoughts After the “Test-Achats” Judgment
Authors: Reich Norbert
Published: February 2017

The case discusses the “Test-Achats” judgment of the ECJ in the overall context of the EU-non-discrimination principle in relations traditionally governed by private law and party autonomy. This principle has come from employment law and has been extended to consumption matters, at least with regard to such incriminated characteristics as gender, ethnic origin, and nationality. Even if the consequences of the ECJ judgment on the insurance market, including protection of insured persons themselves, by imposing “unisex”-tariffs from 21.12.2012 on may be viewed critically, the Court only draws the legal consequences of a prior decision of the EU legislator which cannot be delayed for an indefinite time span by the Member States (author's headnote).
Life and Nuclear Radiation: Chernobyl and Fukushima in Perspective
Authors: Allison Wade
Published: February 2017

An increased use of nuclear power is now accepted as inevitable by many people, but not without some unease, and the accidents at Chernobyl and Fukushima as described in the media bring little reassurance. So how dangerous is radiation exposure, for instance to those living within the influence of such accidents?
The Role of Experts in Assessing Damages – A Law and Economics Account
Authors: Faure Michael , Visscher Louis
Published: February 2017

In this contribution we focus on the role of experts in the assessment of tort damages from an economic point of view. We distinguish two different aspects.

First, we examine the role which economists might play in assessing damages in tort cases. This approach focuses on the insights that Law and Economics provides regarding the correct assessment of damages. We pay specific attention to two problematic forms of losses where economic insights may play an important role: pure economic loss and personal injury damage (both loss of income and compensation for immaterial losses due to fatal and non-fatal accidents).

Second, we investigate from a Law and Economics point of view the role of experts in general (not only economists) in the assessment of damages. We discuss i.a. the question why experts may be involved in the assessment of damages, the potential problems (and the possible solutions) when using experts, and differences between party appointed experts and court appointed experts.

It turns out that the economic analysis can provide a different, insightful viewpoint in some respects, such as the fact that market based mechanisms may help to provide incentives to party appointed experts to provide an accurate and objective damage assessment.
The Transition to a New EU Plant Protection Regime – Legal Problems in the Regulatory Field
Authors: Garçon Gérardine
Published: February 2017

The plant protection law within the European Union has been continuously developed over the past two decades. Whereas harmonized provisions for the placing of plant protection products on the common market were introduced by Council Directive 91/414/EEC of 15 July 1991 (hereinafter the “Directive”), almost two decades later, a revision of the Directive has been passed which takes, in order to ensure consistency throughout the Member States and to provide for simplification, the form of a regulation. Regulation (EC) No. 1107/2009 concerning the placing of plant protection products on the market (hereinafter the “Regulation”) was adopted on 21 October 2009.
Ten Long Years – The Court Annuls Measures Freezing Stichting Al-Aqsa's Assets
Authors: Coenen Peter T.M.
Published: February 2017

A national component is a necessary basis for a measure to freeze assets and once the Netherlands repealed the Sanctieregeling 2003 which formed the basis for Stichting Al Aqsa's asset freeze at the national level, the Community basis for the asset freeze also seized to exist (author's headnote).
Clean Tech Intellectual Property: Eco-marks, Green Patents, and Green Innovation, by Eric L. Lane. New York: Oxford University Press, Inc., 2011, 260 pp., $185.00, Paperback.
Authors: Kozuch James J.
Published: February 2017

In Clean Tech Intellectual Property: Eco-marks, Green Patents, and Green Innovation, Eric Lane takes the position that clean tech intellectual property (IP), or green IP, differs from IP in other industries because green IP is characterized by several unique features of clean tech. These, according to Lane, include a diversity of technologies, the fact that clean tech borrows from and builds on prior periods of green technology R&D and technologies from other industries such as computers and semiconductors, and clean tech's promise of solutions to mitigate climate change and benefit the environment.
Intellectual Property
Authors: Pugatch Meir Perez
Published: February 2017

This article examines the issue of risk in research and development (R&D) pertaining to new pharmaceuticals, especially those aimed at neglected diseases and/ or relevant primarily to the developing world. In particular, the article considers the role of patent pools and other forms of non-proprietary models as alternatives to patents (and other types of intellectual property rights) in R&D for new pharmaceuticals. The article concludes that that these mechanisms still achieve very little output and can therefore not currently be considered as viable alternatives to the use of patents in pharmaceutical R&D. Another relevant finding is that many of the existing collaborative initiatives and partnerships for R&D in neglected diseases actually rely on different forms of intellectual property rights.
Nanotechnology
Authors: Laurent Brice
Published: February 2017

Nanomaterials have been the object of numerous public and private initiatives aiming to manage their risks and maximise their benefits. Proponents of nanotechnology programmes argue that their potential negative impacts need to be dealt with appropriately, and wish to integrate these concerns early in the industrial development of these substances. Science policy programmes do not provide a clear definition of the term “nanomaterials”. Defining nanomaterials, however, has become a central concern. It is called for by manufacturers who wish to sell the “nano” quality of their products as well as by associations who wish to classify products in order to facilitate consumer choice or introduce constraints on production.

This is more than an obscure technical and legal issue for specialists. Indeed, science and technology studies has shown that technical classifications perform social order, and that the creation of new entities destabilises the conduct of democratic life. For instance, Sheila Jasanoff demonstrates that the “ontological uncertainty” of biotechnological objects leads to the construction of different political forms in the United States and Europe. Building a legal and technical framework for biotechnology objects allocates public roles, defines expertise objectivity, and identifies public concerns – in short, it shapes political organisations at the same time as it constructs technological definitions.
Trade, Investment and Risk
Authors: Vadi Valentina S.
Published: February 2017

Since the North American Free Trade Agreement (hereinafter NAFTA) was successfully negotiated in 1993, the provisions for investor-state arbitration under its Chapter 11 have put pressure on the regulatory spaces of the State Parties. Under Chapter 11, any investor alleging a breach of the treaty norms by a host State can file an arbitration claim. This diagonal dispute settlement mechanism has determined a growing stream of arbitrations, focusing inter alia on the interplay between the regulation of toxic chemicals by the host State and the substantive provisions of Chapter 11. The arbitration claims filed by investors against host States regarding the regulation of toxic chemicals by the latter include those related to the adoption of discriminatory policies, the expropriation of investments and the violation of the fair and equitable standard (FET). In a nutshell, the question is how to reconcile environmental protection with the promotion of foreign direct investment (FDI). Can the host State adopt precautionary policies? To what extent can and should policy influence risk regulation? Should investors be compensated if their toxic chemicals are banned from the market? Which standard of review should arbitral tribunals adopt to assess scientific evidence? This note explores all of these issues through an analysis of the Chemtura award.
The Legality, Rationale and Science of Tobacco Display Bans After the Philip Morris Judgment
Authors: Alemanno Alberto
Published: February 2017

A visual display ban on tobacco products, imposed by national legislation of an EEA State, such as the one at issue in the case at hand, constitutes a measure having equivalent effect to a quantitative restriction on imports within the meaning of Article 11 EEA if, in fact, the ban affects the marketing of products imported from other EEA States to a greater degree than that of imported products which were, until recently, produced in Norway. It is for the national court to identify the aims which the legislation at issue is actually intended to pursue and to decide whether the public health objective of reducing tobacco use by the public in general can be achieved by measures less restrictive than a visual display ban on tobacco products (author's headnote).
On Methods Used to Check Compensation for Additional Costs Generated by a Policy of Selling Below Cost in the Door-to-Door Parcel Delivery Sector
Authors: Gębski Szymon
Published: February 2017

1.

The Commission is not entitled to assume that State resources constitute an advantage when it fails to examine whether: (i) the total amount of those resources exceeds the total amount of the net additional costs incurred by an undertaking providing an SGEI; (ii) that undertaking has other net additional costs associated with the provision of an SGEI for which it has the right to claim compensation.

2.

The use of a method different from that arising from Altmark Trans is justified only when the Commission is prevented, for objective reasons, from undertaking an examination of the information provided by a Member State.

3.

Even if the General Court is wrong in law when it examines information that was not subject to any analysis in the Commission’s decision, this did not affect the validity of its foregoing finding on the illegality of the contested decision (author’s headnotes).