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When Cooperation FailsThe International Law and Politics of Genetically Modified Foods$
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Mark A. Pollack and Gregory C. Shaffer

Print publication date: 2009

Print ISBN-13: 9780199237289

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780199237289.001.0001

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Deliberation or Bargaining? Distributive Conflict and the Fragmented International Regime Complex

Deliberation or Bargaining? Distributive Conflict and the Fragmented International Regime Complex

Chapter:
(p.113) 4 Deliberation or Bargaining? Distributive Conflict and the Fragmented International Regime Complex
Source:
When Cooperation Fails
Author(s):

Mark A. Pollack

Gregory C. Shaffer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199237289.003.0004

This chapter is organized into three parts. The first provides the theoretical background to multilateral cooperation in biotech regulation, noting the purported benefits provided by multilateral regimes and then addressing two interrelated impediments to multilateral cooperation — those of distributive conflict and regime complexes. It examines, in particular, the impacts of forum-shopping among multilateral regimes and the resulting challenges of fragmentation and conflicts of law among them. The second part of the chapter provides detailed process-tracing accounts of US/EU cooperation and conflict over GMO regulation in the OECD, the WTO, the Convention on Biodiversity (CBD), and the Codex Alimentarius Commission, analyzing the different ‘hard’ and ‘soft’ law mechanisms available in these regimes, and how they have developed and interacted in this field. The final section builds from these case studies to summarize findings regarding the prospects and the limits to international cooperation over agricultural biotechnology policy through multilateral regimes.

Keywords:   EU, US, agricultural biotechnology regulation, bilateral regulatory cooperation, multilateral regimes, international relations, forum-shopping, international cooperation, GMO regulation, international law

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