Genetically modified organisms : a new frontier of development or another threat to the environment?

Abstract

GMOs have been controversial ever since the beginning of genetic engineering. Public opinion has split: on the one hand there are those who believe that GMOs represent a new frontier of evolution and that they can solve endemic issues, like famine and malnutrition; on the other hand stand those who think GMOs are just a way of playing God and are concerned about the repercussions on the environment and on human health. Such a standpoint is corroborated by the consequences of the previous incidents connected with human activities, like the Chernobyl disaster, that induced many to adopt a precautionary approach towards scientific innovations and its implications. The purpose of this thesis is to offer an overview of the current international legal regime for GMOs and to assess the role played by the precautionary principle in this context. In order to do so, after describing the international regulatory framework and its forthcoming developments, attention will be drawn to a comparison between two divergent legal systems, the Italian and the American one, in order to assess how the precautionary principle is used in either jurisdiction. In the former legal system, the precautionary principle is a deeply rooted concept and a guiding principle for policy makers. In the latter legal system, by contrast, the precautionary principle has not been formally acknowledged and it is not a key driver when it comes to drafting legislation.