The regulatory challenge of biotechnology: human genetics, food and patents
In: Biotechnology regulation series
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In: Biotechnology regulation series
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 9, Heft 4, S. 701-718
ISSN: 2190-8249
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 7, Heft 1, S. 109-119
ISSN: 2190-8249
In an article that made waves when it was first published in 1996, judge Easterbrook scorned the idea that the technological reality of cyberspace justified talk about or a need for 'Cyber Law'. Just as there is no need for a 'Law of the Horse' merely because horses give rise to legal claims, he argued, conventional legal principles and reasoning are sufficiently accommodating to absorb new legal challenges that arise in the wake of cyberspace. We may likewise doubt the need for a 'Law of the Mammoth', even though technologies emerge that harbour the prospect of bringing back the woolly mammoth from extinction, reversing climate change, and creating new life forms. Cyber Law is now firmly established, of course, and Easterbrook also appears to have lost the academic debate from the likes of Lawrence Lessig. That fact notwithstanding, the onus to show that the time has come for a Law of the Mammoth clearly is on those staking the claim.
In: Tilburg Law School Research Paper No. 07/2015
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Working paper
In: TILT Law & Technology Working Paper No. 004/2007
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Working paper
In: Common Market Law Review, Band 40, Heft 6, S. 1413-1453
ISSN: 0165-0750
In: Common market law review, Band 40, Heft 6, S. 1413-1454
ISSN: 0165-0750
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 29, Heft 1, S. 109-114
ISSN: 1566-6573, 1875-6433
In: Common Market Law Review, Band 29, Heft 1, S. 140-151
ISSN: 0165-0750
In: 32(3) Journal of Environmental Law, 2020, p. 391-415
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In: Common Market Law Review, Band 48, Heft 2, S. 357-393
ISSN: 0165-0750
In this article, we provide an in-depth analysis of the Regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). Measured by the economic importance of the European chemicals industry and the environmental and health risks associated with it, the Regulation probably represents the most important piece of EU environmental regulation to date. We argue that the precautionary approach embodied in REACH has triggered a radical departure from past regulatory efforts that failed effectively to engage with contemporary regulatory challenges of scale, uncertainty, complexity and innovation. In effect, REACH is shaping a promising EU regime of responsive co-regulation that is without precedent in the forty-year history of EU environmental law. We believe that the success of this regime will not only determine the effectiveness of EU chemicals regulation, but more generally will come to determine the way in which EU regulation is likely to respond to a host of new technologies that shape our technological modernity.
In: Common market law review, Band 48, Heft 2, S. 357-394
ISSN: 0165-0750
In: Modern Studies in European Law Ser.
In: in Federico Fabbrini, Ernst Hirsch Ballin and Han Somsen (eds), "What Form of Government for the EU and the Eurozone?" (Hart Publishing, Oxford), Forthcoming
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In: Tilburg Law School Research Paper
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