15 Colum. Sci. & Tech. L. Rev. 1 (2013-2014)

handle is hein.journals/cstlr15 and id is 1 raw text is: FOOD SAFETY

THE COLUMBIA
SCIENCE & TECHNOLOGY
LAW REVIEW
VOL. XV                     STLR.ORG                      FALL 2013
ARTICLE
SCIENTIFICATION OF POLITICS OR POLITICIZATION OF SCIENCE:
REASSESSING THE LIMITS OF INTERNATIONAL FOOD SAFETY
LAWMAKING
Ching-Fu Lin
The proliferating food safety regulatoy initiatives at domestic,
international, and transnational levels by various actors with different
perspectives have raised concerns regarding their important public health,
international trade, and other implications. Standing as the hub of international
food safety lawmaking, the Codex faces serious criticisms regarding its scientific
soundness, legitimacy, transparency, and accountability. This Article explores
the limits of the Codex lawmaking structure and processes by examining whether
its institutional design is adequate for producing good goverance.
Food safety is an area of international law where political and cultural
fragmentation collides with deep market integration and trade liberalization.
Through a thorough analysis of the recent dispute over the safety of ractopamine,
a growth-promoting drug administered to livestock, in the context of multilateral
cooperation failure and the debates between technocratic and democratic models
of legitimacy, this Article emphasizes the forgotten role of procedural legitimacy
t   This article may be cited as http://www.stlr.org/cite.cgi?volume=15&
article=1. This work is made available under the Creative Commons
Attribution-Non-Commercial-No Derivative Works 3.0 License.
*   Researcher, Asian Center for WTO & International Health Law and
Policy. SJ.D. Candidate, Harvard Law School. LL.M., Harvard Law School,
2010. LL.B. & B.S., National Taiwan University, 2007. The author is indebted to
Professors Alberto Alemanno, William Alford, Chang-fa Lo, Tsai-yu Lin, and
Francis Snyder, as well as Simone Gabbi, Adam Jaffee, Hye Sung Kim, and
Ting Sun for their very helpful guidance and insightful comments during the
course of research. The author can be reached at clin@sjd.law.harvard.edu.

2013]

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