A comparative analysis of international decisions concerning genetically modified organism (GMO) controversies reveals the judicial inconsistency that is often applied to the property rights of GMO producers and researchers. Courts often find that there are strong property right interests in GMOs, but when these rights clash with health and safety concerns, they are often minimized or completely forgotten; therefore, future growth in biotechnology is inhibited. This Note proposes a solution to this issue that better takes into account all stakeholders and allows for future investment and research into GMOs. The solution draws upon the lessons learned from current regulatory and enforcement regimes and international agreements governing GMOs. To arrive at this conclusion, this Note analyzes multiple cases concerning GMO controversies. These cases have been selected because their decisions have either gone against the national regulatory policy or public opinion. Further, this Note looks at the economic effects that these decisions have had on their respective countries.
Kline C. Moore,
The Case for GMOs: Dealing with Clashes between Property Rights and Health and Safety Concerns,
50 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol50/iss3/7