Genetically Modified Crops and Nuisance

Exploring the Role of Precaution in Private Law

Bibliographic Data

ID20360583
AuthorsNeil Craik (0000-0001-5597-0686, University of New Brunswick), Keith Culver (University of New Brunswick), Norman Siebrasse (University of New Brunswick)
Year2007
Volume27
Issue3
Pages202-214
Publication date2007-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueBulletin of Science Technology & Society (JOURNAL)
Journal identifiersISSN: 0270-4676 • E-ISSN: 1552-4183
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/0270467607300630
OpenAlexW3122241499
LanguageEN
Citations received2
References cited6

This article critically considers calls for the precautionary principle to inform judicial decision making in a private law context in light of the Hoffman litigation, where it is alleged that the potential for genetic contamination from genetically modified (GM) crops causes an unreasonable interference with the rights of organic farmers to use and enjoy their lands, giving rise to an actionable nuisance. Applying the precautionary principle in this context would likely privilege non-GM land uses over GM uses, given the latter's uncertain environmental impacts. Through a comparison of the institutional characteristics and respective roles of public and private regulation, the authors argue that the private law context, which lacks democratic accountability and has a limited ability to address complex scientific issues, is poorly suited to apply the diffuse, policy-based risk allocation considerations raised by the precautionary principle

Biology · Business · Economics · Law and economics · Nuisance · Political science · Precautionary principle · Public economics · Genetically Modified Organisms Research · Intellectual Property and Patents · Law · Law, AI, and Intellectual Property · Biotechnology

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