scholarly journals The necessary "GMO" denialism and scientific consensus

2016 ◽  
Vol 15 (04) ◽  
pp. Y01 ◽  
Author(s):  
Giovanni Tagliabue
Keyword(s):  
Genetically Modified Organisms ◽  
Recombinant Dna ◽  
A Priori ◽  
Common Denominator ◽  
A Posteriori ◽  
Recombinant Dna Technology ◽  
The Public ◽  
Scientific Consensus ◽  
Interesting Task ◽  
Semantic Value

"Genetically Modified Organisms" are not a consistent category: it is impossible to discuss such a miscellaneous bunch of products, deriving from various biotech methods, as if they had a common denominator. Critics are too often pre-emptively suspicious of peculiar risks for health or the environment linked to this ill-assorted ensemble of microorganisms, plants or animals: yet, even before being unscientific, the expression "GMO(s)" has very poor semantic value. Similarly, claims that recombinant DNA technology is always safe are a misjudgement: many unsatisfactory "GMOs" have been discarded, as has happened also for innumerable agri-food outcomes, obtained via more or less traditional field and lab methods. The scientific consensus, i.e. the widespread accord among geneticists, biologists and agriculturalists, maintains that every biotech invention has to be examined case by case, evaluating the unique profile of each new organism ("GMO" or otherwise): to assess its safety, the technique(s) used to produce it are irrelevant. Therefore, in considering "green" biotechnologies, a triple mantra should be kept in mind: 1. product, not process; 2. singular, not plural; 3. a posteriori, not a priori. Both people's and law-makers' attitude to agricultural biotechnologies should be reoriented, and this is an interesting task for science communicators: they should explain how meaningless and misleading the "GMO" frame is, debunking a historical, ongoing socio-political blunder, clarifying to the public what most life scientists have been recommending for several decades.

scholarly journals Las cuestiones del régimen matrimonial primario y la aplicación del Reglamento 2016/1103 = The questions of the primary matrimonial regime and the application of Regulation 2016/1103

2020 ◽  
Vol 12 (1) ◽  
pp. 259
Author(s):  
Ana Moreno Sánchez-Moraleda
Keyword(s):  
Married Couple ◽  
A Priori ◽  
Public Order ◽  
A Posteriori ◽  
Legal Regime ◽  
European Regulation ◽  
International Marriage ◽  
Applicable Law ◽  
The Public

Resumen: estudio sobre las cuestiones que se plantean entre los cónyuges, con distinta nacionalidad, domicilio o residencia, o cuando sus bienes se hallan en el extranjero (o los acreedores o deudores son extranjeros), respecto a sus derechos y deberes esenciales una vez contraído matrimonio, y con independencia del régimen pactado o legal, cuando se aplica el Reglamento 2016/1103 por los órganos jurisdiccionales o autoridades de los Estados participantes en la cooperación reforzada. Se presentan fundamentalmente problemas en relación con la ley aplicable, debido a que, conforme a este Reglamento europeo, el régimen matrimonial primario pudiera ubicarse dentro de las normas imperativas (considerando 18), que funcionan como límite a priori de las normas de conflicto. No obstante, nos preguntamos si no sería más adecuado considerar el contenido de las normas que regulan estos derechos y deberes esenciales del matrimonio, para que pueda operar el orden público como límite a posteriori.Palabras clave: el matrimonio internacional, el régimen primario, las normas imperativas, el orden público.Abstract: presentation of the questions that arise between married couple with different nationality, domicile or residence, or when their property is abroad (or the creditors or borrowers are foreigners), with respect to their essential rights and duties upon marriage, and regardless of the agreed or legal regime, when Regulation 2016/1103 is applied by the courts or authorities of the States participating in the enhanced cooperation. Problems mainly arise in relation to the applicable law, since, under this European Regulation, the primary matrimonial regime could fall within the imperatives rules (statement 18), which function as a priori limit on conflict rules. However, we wonder whether it would not be more appropriate to consider the content of the rules governing these essential rights and duties of marriage, so that public order can operate as a posteriori limit. Keywords: the international marriage, the primary regime, the imperatives rules, the public order.

scholarly journals A Market Test for Bayh-Dole Patents

2018 ◽  
Author(s):  
Ian Ayres ◽  
Lisa Larrimore Ouellette
Keyword(s):  
Recombinant Dna ◽  
Deadweight Loss ◽  
Due Diligence ◽  
Federally Funded ◽  
Recombinant Dna Technology ◽  
Federal Grant ◽  
The Public ◽  
Regulatory Barriers ◽  
Market Test ◽  
A Company

The Bayh–Dole Act, which allows patenting of federally funded research, has been praised for driving growth but also criticized for creating unnecessary deadweight loss and contributing to a patent “anticommons.” Much of the controversy stems from Bayh–Dole’s differing effects on different inventions. The dominant justification for Bayh–Dole patents is commercialization theory: the idea that exclusive rights are necessary to bring inventions to market. This theory is convincing for inventions like pharmaceuticals with high regulatory barriers and low imitation costs, but not when exclusivity is unnecessary for commercialization, such as for Stanford’s widely licensed patents on early recombinant DNA technology. The problem is that for many government-funded inventions it is difficult to determine whether exclusive patent grants are necessary to incentivize commercialization.To solve this difficulty, we propose a “market test” for federally funded inventions at universities and other nonprofits. Before charging significant licensing fees for these inventions, these federal grant recipients would first be required to find out whether firms would be willing to commercialize the invention in exchange for a nonexclusive license with a nominal fee. If a company is willing to commit to developing the invention under a nonexclusive license, then an exclusive license—or a nonexclusive license with high fees—would be contrary to the public interest. More generally, using a formal economic model, we show that deadweight loss can be reduced through an auction that forces bidders to reveal the least amount of exclusivity needed to induce commercialization, that revenue cap bidding is more efficient than duration bidding, and that defensive bidding by firms that consume as well as produce the invention will not increase deadweight loss. We discuss how the market test requirement could be structured and how due diligence milestones and other provisions could be used to discourage gaming.

scholarly journals Biotechnology: reality or dream

Genetika ◽  
2002 ◽  
Vol 34 (2-3) ◽  
pp. 101-113 ◽  
Author(s):  
Kosana Konstantinov ◽  
Snezana Drinic-Mladenovic ◽  
Goran Drinic
Keyword(s):  
Genetically Modified Organisms ◽  
New Technologies ◽  
Recombinant Dna ◽  
Genetic Material ◽  
Foreign Gene ◽  
Recombinant Dna Technology ◽  
Accurate Identification ◽  
Special Aspect ◽  
Free System ◽  
A Genome

The development of molecular biology and molecular genetics, especially of the recombinant DNA technology enabled improvement of experimental methods that provide manipulation within a cell-free system, such as cell and tissue cultures. Such methods resulted in the development of different new technologies with specific properties in relation to the conventional definitions. According to PERSLEY and lantin (2000) the following components are essential for the contemporary biotechnology: (i) genomics - a molecular characterization of all genes and gene products of an organism (ii) bioinformatics - the assembly of data from genomic analysis into accessible forms; (iii) transformation - the introduction of genes controlling a trait of interest into a genome of a desired organism (micro organisms, plants, animal systems). By the application of cotemporary biotechnology new methods in the field of diagnostic are developed such as rapid and more accurate identification of the presence and absence of genes in the genome of the organism of interest (identification of pathogens prenatal diagnostics, molecular markers assisted breeding for plants, etc). The traits of an organism are determined by its genetic material, i.e. by a molecule of deoxyribonucleic acid (DNA). watson and crick (1953) were the first scientists to describe the structure of DNA as a double-stranded helix. Higher organisms contain a set of linear DNA molecules - chromosomes and a full set of chromosomes of an organism is a genome. Each genome is divided into a series of functional units, i.e. genes. The traits of an organism depend on genes, but their expression depends not only on genes but also on many other factors, including whether a gene, controlling the trait, expresses, specific cells in which it expresses and specially the mode by which the gene and its product interact with the environment. A special aspect within the application of biotechnology occurs as an interaction of a foreign gene with a genome of an integrated organism. Also application of biotechnology provides transfer of one or several favorable genes from any evolutionary category into other category of an organism and in such a way it is possible to develop genetically modified organisms (GMO) having expressed desired, target traits. A survey of the application of biotechnology in the world and our country is presented in this paper.

Public Policy in Private International Law: Guardian or Barrier?

2019 ◽  
pp. 341-361
Author(s):  
Cecilia Fresnedo de Aguirre
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
International Law ◽  
A Priori ◽  
Private International Law ◽  
A Posteriori ◽  
The Public ◽  
Key Concepts ◽  
Over Time

This chapter focuses on the restricted character of international public policy and on the fact that though it belongs to each State, many of its fundamental principles are enshrined in human rights conventions and private international law conventions and therefore are shared by all the States Parties to that convention, which enables the integration and articulation of diversity, at either a regional or a universal level. Consequently, the identification of those shared fundamental principles should increase the predictability of results in private international law cases and soften the barrier that the public policy exception imposes regarding foreign laws and judgments. Notwithstanding this, the aforementioned statements do not mean that the role of the public policy exception will disappear. In order to develop this argument, this chapter explains some key concepts such as those of international and domestic public policy, a posteriori and a priori public policy, their differences and similarities. It examines how public policy evolves over time alongside society and how that evolution is reflected in statutory and conventional rules.

A priori/a posteriori

2017 ◽  
Author(s):  
Heinrich Schepers ◽  
Giorgio Tonelli ◽  
Rudolf Eisler
Keyword(s):  
A Priori ◽  
A Posteriori
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