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Coexistence or Conflict? A European Perspective on GMOS and the problem of liability

Lookup NU author(s): Professor Christopher Rodgers

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Abstract

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.


Publication metadata

Author(s): Rodgers CP

Publication type: Article

Publication status: Published

Journal: Bulletin of Science Technology and Society

Year: 2007

Volume: 27

Issue: 3

Pages: 233- 251

ISSN (print): 0270-4676

ISSN (electronic): 1552-4183

Publisher: Sage Publications, Inc.

URL: http://dx.doi.org/10.1177/0270467607300640

DOI: 10.1177/0270467607300640


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