Since the International Agency on Cancer Research’s monograph found glyphosate to be a likely carcinogen, the regulatory focus on the chemical has centred on this determinative criterion for regulatory action. Yet, other pertinent factors, such as the effects of glyphosate on fresh and ground water and ensuing effects on biodiversity, have received less attention as legitimate rationales for regulating the chemical. This underrepresentation prevents a wider policy discussion on the environmental and human health effects of the chemical and fails to disrupt assumptions of path-dependently continuing on agriculture’s chemical treadmill. To avoid ad hoc post hoc chemical regulation, we assess four areas of chemical regulatory oversight in Europe with regard to glyphosate affecting water: (1) the undue emphasis on in laboratorio versus in situ testing; (2) assessing single chemicals (isolated glyphosate) versus admixtures (glyphosate plus surfactants and adjuvants) that are used in practice; (3) the tendency to downplay harms to non-human life; and (4) the lack of policy coherence in the existing regulatory framework. Focusing on European Union regulation of pesticide and water policy affecting aquatic environments, we conclude that issues of measurement and priority have become highly politicised in both science and policy, requiring preventative, precautionary frameworks utilising plural forms of measurement.

This commentary examines the recent Appellate Body Report in Russia – Pigs. This case is salient because it offers further clarification of the principle of regionalisation in the context of WTO law. By reading the different terms of Article 6 of the SPS Agreement in a holistic way, the Appellate Body has offered an interpretation of the legal text that arguably strengthens the principle.

This article discusses a number of pitfalls of the US-Tuna II Panel Report. This Report is interesting because it offers an occasion to reflect on some provisions of the Technical Barrier to Trade (TBT) Agreement, which may be crucial for the assessment of the legality of environmental labelling regimes. The most troubling part of the Report is the one dealing with the trade-restrictive nature of the measure. The Panel seems to have relied on a test by which if a measure does not reach its objectives perfectly, any other ineffective measures adopted with allegedly the same goals can be judged as a valid less-trade restrictive alternative. In other words, two wrongs seem to make a right in the view of the Panel; a conclusion that, for obvious reasons, will not be greeted with enthusiasm by environmentalists.

A vast body of scholarly articles and books has been devoted to the precautionary principle, making it one of the most studied principles of our time. This wealth of attention can be explained by the fact that the question of how to manage man-made risks remains an extremely divisive issue for contemporary societies and the precautionary principle is the only principle idiosyncratic to the field of risk law. The book by Zander contributes to this scholarship by presenting a rich comparative legal analysis that gives a clear illustration of how the principle is applied at the international and European level as well as the national level, where the Swedish, UK, and US legal frameworks are discussed. The central parts of the book (chapter 3 to 7) are devoted to these comparisons. For this comparison, Zander chooses two case studies: pesticide regulation and the regulation of base stations.

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.

Under Section II of the Rules of Conduct for the DSU, the institutional affiliation of experts may be considered as an element that casts doubts on their impartiality and independence. Under Articles 5.1 and 5.7 of the SPS Agreement, the level of protection that a particular country is ready to tolerate may inform risk assessment and have an impact on the determination of insufficiency of scientific evidence. In a situation in which there is sufficient scientific evidence for performance of risk assessment in one of the international standard setting-organizations, one may still find insufficiency as provided by Article 5.7 if new data puts into question the relationship between the relevant scientific evidence and the conclusions in relation to risk, thereby not permitting the performance of a sufficiently objective assessment of risk (authors’ headnote).

The precautionary principle, widely endorsed at the national and international level, continues to be at the center of a heated debate. Some authors claim that the principle is unscientific; others argue that the principle is paralyzing and gives decision-makers no direction. Confusion and misconceptions are generated by the multiplicity of definitions and interpretations of the precautionary principle. This essay contributes to the debate on the precautionary principle in two ways: (1) it clarifies what a mild formulation of the principle entails, and (2) it identifies a number of misconceptions underlying some of the main criticisms of the principle.

A reasonable formulation of the precautionary principle requires both substantive and procedural elements: the substantive element suggests that in circumstances where uncertainties and risks of irreversible harms are present, decisions should err on the side of environmental preservation; the procedural element suggests that the principle should favour decision-making processes that are iterative and informative over time and that integrate experts' assessments of the risks to be governed and people's preferences and values.

Against this background, five misconceptions underlying the main criticisms of the precautionary principle are identified and deconstructed. The analysis of the misconceptions sheds further light on the fact that following the principle, processes of learning are stimulated, and accordingly, technology is not halted; to the contrary, the application of the principle leads to a better understanding of technological developments and their effects.