Lookup NU author(s): Professor Christopher Rodgers
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In March 2004 the UK government announced its intention to grant limited authorisation for the growing of commercial GM crops. This article reviews the potential liabilities that may arise from GM cropping, both for environmental damage and for economic losses claimed by non-GM producers. It considers the application of the EC Environmental Liability Directive of 2004 to GMO releases, and the proposed statutory scheme for the coexistence of GM and non-GM agriculture in England and Wales. It also examines the application of the common law of nuisance to the release of GMOs and considers the relevant case law of the English courts. Although there will be a residual role for liability at common law following the establishment of a statutory coexistence scheme, the article highlights a number of formidable problems facing attempts to establish claims for liability arising from GMO releases at common law.
Author(s): Rodgers CP
Publication type: Article
Publication status: Published
Journal: Bulletin of Science Technology and Society
Pages: 233- 251
ISSN (print): 0270-4676
ISSN (electronic): 1552-4183
Publisher: Sage Publications, Inc.
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