The title of our new section inevitably evokes a most basic question: What are lifestyle risks? While it is not that simple to define this broad term, in this editorial we aim at introducing the EJRR readership to this fascinating emerging area of risk studies. We shall attempt to describe the nature of lifestyle risks by identifying their main features and by raising some of the fundamental questions that are inherent to any discussion on this topic.

The Commission has proposed to legitimise the renationalization of the cultivation of GMOs (Genetically Modified Organisms) accepting the request of a group of Member States who raised concerns at the Environment Council of June 2009 regarding the EU-wide decisions on GMO2 cultivation.

“After a reform is before another reform.” This paraphrasing of a famous saying from the world of football seems to be a very fitting way to describe the status quo of the European policy on genetically modified organisms (GMOs).

The European Union tried to establish a “coexistence” policy for the cultivation and processing of GM and non-GM products after the political agreement that put an end to the 1999-2004 moratorium.

Since first embarking on the road of risk management options for the regulation of recombinant DNA (rDNA) activities and use in 1978, the European Union (EU) has largely failed to create a regulatory and policy environment regarding genetically modified (GM) crops and their cultivation that is (a) efficient, (b) predicable, (c) accountable, (d) durable or (e) interjurisdictionally aligned.

This article deals with complex systems. It takes the reader on a journey to the origins of the paradigm shift which has taken place in the sciences since the path breaking works of Edward N. Lorenz, Benoît B. Mandelbrot, Mitchell J. Feigenbaum, and others. Gradually, linear “twodimensional” thinking has been replaced by non-linear “multi-dimensional” reasoning and multi-factorial genesis, risk, and uncertainty have come into focus. The article looks at the beginnings of the conception of complex systems — chaos theory — and reveals the implications for the law and legal science. Having explained the premises of chaos theory by means of a metaphor (the kneading of dough) the article proposes to look at the law through the lens of chaos: the law, especially case law, is perceived as a system which is itself subject to the phenomenon of chaos. The power of the image of chaos is illustrated by means of a study of the case law of the European Court of Justice on family reunification of moving persons and its projection to Switzerland in an attempt to create parallel regimes. The article also takes advantage of chaos theory to portray the broader implications for society and the law, tentatively illustrating them by thoughts on the Lisbon judgment of the German Federal Constitutional Court of 30 June 2009 and on UN Security Council Resolution 1244 of 10 June 1999 (on Kosovo).

REACH is a new European Community Regulation on chemicals and their safe use. This Regulation is a hybrid that combines hierarchy and heterarchy from a both a legal and an organisational perspective. Such hybridism is, however, not a feature that is particular to REACH. Rather the EU itself must be understood as a hybrid, thereby making REACH a hybrid operating within a hybrid. The hybrid structure of REACH reflects its societal function, which is to simultaneously separate and combine politics, science, economy, health and the environment within a single legal framework. The legitimacy of REACH reflects its hybrid structure in the sense that it is based on a combination of democratic, procedural and deliberative components.

This section aims at updating readers on the latest developments of risk-related aspects of food law at EU level, giving information on legislation and case law on various matters, such as food safety, new diseases, animal health and welfare and food labelling.

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.

This section discusses the regulation of “lifestyle risks”, a term that can apply to both substances and behaviours. Lifestyle risks take place along the line of “abstinence – consumption – abuse – addiction”. This can concern substances such as food, alcohol or drugs, as well as behaviours such as gambling or sports. The section also addresses the question of the appropriate point of equilibrium between free choice and state intervention (regulation), as well as the question of when risks can be considered to be acceptable or tolerable. In line with the interdisciplinary scope of the journal, the section aims at updating readers on both the regulatory and the scientific developments in the field. It analyses legislative initiatives and judicial decisions and at the same time it provides insight into recent empirical studies on lifestyle risks.

This section is meant to give readers an insight into the emerging field of nanotechnologies and risk regulation. It informs and updates readers on the latest European and international developments in nanotechnologies and risk regulation across different sectors (e.g., chemicals, food, cosmetics, pharmaceuticals) and policy areas (e.g., environmental protection, occupational health and consumer product, food and drug safety). The section analyzes how existing regulatory systems deal with new kinds of risks and reviews recent regulatory developments with a focus on how best to combine scientific freedom and technological progress with a responsible development and commercialization of nanotechnologies.

This section updates readers on the latest developments in pharmaceutical law, giving information on legislation and case law on various matters (such as clinical and pre-clinical trials, drug approval and marketing authorisation, the role of regulatory agencies) and providing analysis on how and to what extent they might affect health and security of the individual as well as in industry.

The external presentation of medicinal products is fundamental in ensuring their safe use from a regulatory perspective. Indeed, the primary purpose of labeling and packaging of medicine is the clear identification of the conditions for safe use.

This section discusses issues related to risk communication across a range of publicly perceived highrisk industries (such as pharmaceuticals, nuclear, oil, etc.). It reports critically and provides analysis on risk communication as an outcome of risk research within these industries. Contributions are intended to include methods working towards the advancement of risk perception research and describe any lessons learned for successfully communicating to the public about risk.

The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.

Case C-428/08, Monsanto Technology [2010]

The Biotech Directive does not provide for absolute patent protection of DNA sequences. Protection is subject and restricted to the disclosed function (or purpose) of a gene; if the function is not fulfilled at the time of the alleged infringement the protection is therefore suspended. National law may not depart from the protection conferred by the Directive due to its exhaustive character (author's headnote).