生命工學製品 리스크規制와 WTO

Title
生命工學製品 리스크規制와 WTO
Authors
주진열
Keywords
법학연구, 생명공학제품, WTO
Issue Date
2004
Publisher
인하대학교 법학연구소
Series/Report no.
법학연구제7집149-220 pp.
Abstract
Like any new technological developments, biotechnology opens up great
possibilities of improving the quality of human life. At the same time,
biotechnology is generation serious fear and trepidation that will pose an
enormous challenge to the international community.
In response to the fears about biotechnology, advocates of the
"precautionary principle" to morden biotechnology stress that more and
greater risk regulation on biotechnology products shoud be justified by
reason of "scientific uncertainty". Indeed, the precautionary principle that
closely relates the concept of the so-called "hypothetical risk" or "zero risk
policy" has been proposed as an alternative approach to scientific risk
assessment. In addtion, the principle has also been advocated by some who
see it as part of decocracy in which more power is given to the public on
bealth and safety matters.
However, it is needed to note that the precautionary principle coud
presents the risk of trade conflicts and disputes among countries, either
because of unfounded fears of biotechnology or veiled attempts at trade
protectionism.
The adoption of the precautionary principle is an overreaction to the
public's resistances to biotechnology products, which is result of the
public's distrust of science and governmental regulation. The answer is not
to adopt a vague system of regulation that may inevitably lead to trade
protectionism. The precautionary principle would in effect contravene the
principles of free trade and give other nations an indiscriminate right to
reject biotechnology in the future. Even where there is sufficient scientific
evidence to satisfy international standards, a country could still conceivably
impose precautionary measures simply becuase it dose not believe sciendtific
evidence.
The precautionary principle is not a panacea. The priciple is still in its
infancy and promises little in addressing some of the underlying causes of
environmental degradation, population growth, and poverty. Indeed,
excessive precautionary regulation on biotechnology products may
sacrifice the benefits of innovation in biotechnology. The precautionary
principle would undermine the value of scientific risk assessment if this
principle were misused to justify unwarranted trade barriers.
URI
http://dspace.inha.ac.kr/handle/10505/624
Appears in Collections:
연구기관 > 법학연구소 > 법학연구(法學硏究)
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