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Damage Caused by Genetically Modified Organisms

Comparative Survey of Redress Options for Harm to Persons, Property or the Environment

Bernhard A. Koch (Herausgeber)

Buch | Hardcover

XXVIII, 954 Seiten

2010
De Gruyter (Verlag)
978-3-89949-811-0 (ISBN)

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Liability law is rapidly changing in quite a number of countries. This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge. As a result, various occupational diseases can, for example, be attributed to working conditions or personal injury to specific products. From the very moment that causation can be proven, the question arises of whether or not liability can be established‑ with far-reaching economic consequences for all parties involved. The rise of phenomena such as mass torts, multiple causation, joint and several liability or various heads of damages (like ecological damage and several diseases and affections) rapidly increases the interest in tort law. In the context of the interrelation between liability and insurance, attention must be paid to the question of whether certain liabilities are still coverable or not, and, if they are, to what amounts. (The question of jurisdictions is of growing importance as is the question of whether a specific liability can be covered by insurance. In this context, one should bear in mind that the affordability of tort law also requires safe and sound insurers. The recent past has shown that there is a limit to their financial stability.)

The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate.Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.

Bernhard A. Koch, Universität Innsbruck.

1;Preface;6
2;Table of Contents;8
3;Introduction;18
4;Questionnaire;22
5;Damage Caused by GMOs under Austrian Law;31
6;Damage Caused by GMOs under Czech Law;64
7;Damage Caused by GMOs under Danish Law;99
8;Damage Caused by GMOs under English Law;115
9;Damage Caused by GMOs under Estonian Law;139
10;Damage Caused by GMOs under Finnish Law;161
11;Damage Caused by GMOs under French Law;200
12;Damage Caused by GMOs under German Law;241
13;Damage Caused by GMOs under Greek Law;276
14;Damage Caused by GMOs under Hungarian Law;302
15;Damage Caused by GMOs under Italian Law;342
16;Damage Caused by GMOs under Liechtenstein Law;363
17;Damage Caused by GMOs under Luxembourg Law;379
18;Damage Caused by GMOs under Maltese Law;410
19;Damage Caused by GMOs under Dutch Law;432
20;Damage Caused by GMOs under Norwegian Law;456
21;Damage Caused by GMOs under Polish Law;474
22;Damage Caused by GMOs under Slovenian Law;506
23;Damage Caused by GMOs under Spanish Law;520
24;Damage Caused by GMOs under Swedish Law;588
25;Damage Caused by GMOs under Australian Law;621
26;Damage Caused by GMOs under Brazilian Law;653
27;Damage Caused by GMOs under Canadian Law;692
28;Damage Caused by GMOs under US Law;744
29;Damage Caused by GMOs under International Environmental Law;783
30;Cross-Border Damage Caused by Genetically Modified Organisms: Jurisdiction and Applicable Law;813
31;Did Biotechnology Regulation Come to a Conclusion? An Insurers' Perspective;842
32;Liability to Third Parties for Damage Caused by GMOs: An Economic Perspective;855
33;Damage Caused by GMOs: Comparative Analysis;911
34;Index;972

Erscheint lt. Verlag	15.10.2010
Reihe/Serie	Tort and Insurance Law ; 27
Verlagsort	Berlin/Boston
Sprache	englisch
Maße	155 x 230 mm
Gewicht	1535 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
Schlagworte	comparative law • Compensation • Compensation; Comparative Law • Gentechnisch veränderte Lebensmittel • Gentechnisch veränderte Pflanzen • Gentechnisch veränderte Tiere • Hardcover, Softcover / Recht/Bürgerliches Recht, Zivilprozessrecht • Schadensersatz • Schadensersatzrecht • Schadensersatzrecht (SchadensersatzR) • Schadensersatz /Rechtsvergleichung
ISBN-10	3-89949-811-9 / 3899498119
ISBN-13	978-3-89949-811-0 / 9783899498110
Zustand	Neuware