Transatlantic divergencies in the regulation of uncertain risks: co-production, normative frames and ideal evidence-based and socially acceptable risk approaches

Leonelli, Giulia Claudia ORCID: 0000-0001-9567-3280 (2022) Transatlantic divergencies in the regulation of uncertain risks: co-production, normative frames and ideal evidence-based and socially acceptable risk approaches. German Law Journal, 23 (5). pp. 769-799. ISSN 2071-8322

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Abstract

This article analyses the US and the EU systems of risk regulation through the lens of two ideal models: evidence-based and socially acceptable risk approaches. The examination is conducted against the backdrop of these ideal regulatory paradigms, which broadly inform US and EU risk governance. The article employs an analysis of transatlantic divergencies in the regulation of pesticides and agricultural biotechnologies to illustrate that neither approach can lay claim to neutrality and objectivity; non-scientific normative frames are always at stake in the field of risk regulation. Through these case studies, the article thus challenges the narrative that transatlantic divergencies result from a focus on risks or hazards, science or politics. The US and the EU systems reflect different approaches to scientific uncertainty, the pursuit of different levels of protection, and consideration of different non-scientific factors. They also have very different implications. The conclusive section of the article sketches out some final considerations on the strategic vision of the Biden administration. Environmental and public health protection are high on President Biden's agenda; further, public interest litigation is thriving in the US.

Item Type:	Article
Additional Information:	© 2022 The Author
Divisions:	Law
Subjects:	G Geography. Anthropology. Recreation > GE Environmental Sciences K Law
Date Deposited:	29 Sep 2023 15:18
Last Modified:	24 Oct 2024 22:21
URI:	http://eprints.lse.ac.uk/id/eprint/120319

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