Abstract

http://ssrn.com/abstract=1628132
 
 

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Locked-In Scientific Evidence: The WTO EC-Biotech Dispute


Elisa Vecchione


Sciences Po - Chaire de Développement Durable

October 1, 2009


Abstract:     
The parsing of the WTO EC-Biotech is intended to raise substantive issues on the interface between science and law to the extent that the former is brought as legal evidence before courts. The paper contends that the Panel maintains a form of substantial and procedural transitivity between the ability to perform risk assessment and the sufficiency of scientific evidence to legitimate measures of protection, by that preventing States from legitimately undertaking precautionary measures in the absence of scientific evidence. This said, the paper will propose a new way to intend and demonstrate scientific uncertainty in WTO trade disputes

Number of Pages in PDF File: 21

Keywords: Scientific Evidence, Scientific Uncertainty, Burden of Proof, EC-Biotech

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Date posted: June 22, 2010  

Suggested Citation

Vecchione, Elisa, Locked-In Scientific Evidence: The WTO EC-Biotech Dispute (October 1, 2009). Available at SSRN: http://ssrn.com/abstract=1628132 or http://dx.doi.org/10.2139/ssrn.1628132

Contact Information

Elisa Vecchione (Contact Author)
Sciences Po - Chaire de Développement Durable ( email )
27, rue Saint-Guillaume
Paris, 75007
France
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