Liability in Cases of Damage Resulting from GMO's: An Economic Perspective

Faure, Michael G.; Wibisana, Andri

Liability in Cases of Damage Resulting from GMO's: An Economic Perspective

ECONOMIC LOSS CAUSED BY GENETICALLY MODIFIED ORGANISMS LIABILITY AND REDRESS FOR THE ADVENTITIOUS PRESENCE OF GMOS IN NON-GM CROPS, Tort and Insurance Law Series, Bernhard A. Koch, ed., Vol. 24, Springer, 2008

Rotterdam Institute of Law and Economics (RILE), Working Paper No. 2008/09

51 Pages Posted: 8 Apr 2008

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Andri Wibisana

University of Indonesia (UI) - Faculty of Law

Date Written: 2008

Abstract

This paper discusses the liability of damage resulting from the use of genetically modified organisms from an economic perspective. A distinction is made between the prevention and compensation goals of liability rules. The paper distinguishes the situation where victim and tort feasor stand in a contractual relationship and the case where this is not the case. Specific attention is paid to potential liability resulting from mixture of GM crops with non-GM crops. Specific attention is also paid to causation issues and to available remedies in case liability is established.

Keywords: liability, compensation, contract, Coase theorem, genetically modified organisms

JEL Classification: K12, K13, K32

Suggested Citation: Suggested Citation

Faure, Michael G. and Wibisana, Andri, Liability in Cases of Damage Resulting from GMO's: An Economic Perspective (2008). ECONOMIC LOSS CAUSED BY GENETICALLY MODIFIED ORGANISMS LIABILITY AND REDRESS FOR THE ADVENTITIOUS PRESENCE OF GMOS IN NON-GM CROPS, Tort and Insurance Law Series, Bernhard A. Koch, ed., Vol. 24, Springer, 2008, Rotterdam Institute of Law and Economics (RILE), Working Paper No. 2008/09, Available at SSRN: https://ssrn.com/abstract=1116188