Regulating New Plant Breeding Technologies: An international and interdisciplinary perspective
Research Project | 2 Project Members
Background and rationale:
Despite their potential for more sustainable global food production and growing evidence on their security, New Plant Breeding Technologies (NBTs) are currently strictly regulated in Switzerland and the European Union. They fall under the regulations for Genetically Modified Organisms (GMOs), whose use is currently forbidden in Switzerland and burdened by complicated administrative processes in the EU. Scientists have been voicing their dissatisfaction with these legislations.
Objectives and aims:
Few studies have assessed regulations of GMOs from a perspective that combines international law with an empirical bioethics approach. This project addresses this gap by combining a legal part on the international law dimension of GMO regulations with an empirical part that explores attitudes of two major stakeholder groups: lawyers and plant scientists from Switzerland and from countries with more permissive regulations. We will compare attitudes of both stakeholder groups and of Swiss and international interviewees to understand how they balance involved interests. A normative legal and ethics analysis will be carried out by the project team to integrate and balance health, environmental and sustainability concerns and to propose a new framework for evaluating GMO regulations in Swiss law that integrates under-researched aspects of international law.
Methods:
Traditional legal and ethical desk top research methods will be used to conduct a legal and ethical assessment of the regulations of NBTs, integrating Swiss law and international law and its relevance for Switzerland, as well as internationally. We will combine a legal analysis of international laws and standards relevant to the plant breeding and food industry with a qualitative stakeholder interview study.
We will carry out 60-80 individual interviews combining four cohorts of 15-20 interviewees: Swiss law scholars, international law scholars, Swiss plant scientists, and international scientists (international means here: from countries that have more permissive regulations). In addition, 4 Focus Groups (FG), each bringing together 6-10 participants, will be carried out. All FG will be composed of participants from all four cohorts.
In a final part, we will triangulate the results from all previous parts: we will compare the balancing of interests carried out by the interviewed persons with a legal and ethical balancing of interests. These findings will serve as a "de lege feranda" approach, in order to make policy recommendations. The latter will be discussed with a larger group of Swiss and international stakeholders to broaden the debate by raising awareness of relevant international law applicable in Switzerland, as well as of approaches from the international countries included in the empirical interview part.
Expected results and impact in the field:
The international focus of this study will fill a gap concerning legal research, as the implications of different parts of international law (WTO, UN etc.) for the discussion in Switzerland are not fully clear at present. The empirical part will be a way to explore differences in the knowledge and use of available facts and evidence, as well in the balancing of interests of two stakeholder groups that play a major role for the development of new legal regulations. Project results will make larger Swiss stakeholder groups aware of the role of international law and of attitudes in non-European countries and inform recommendations on how to regulate NBTs in Switzerland in line with existing international (trade and environment) law ratified by Switzerland.