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Beyond ConstitutionalismThe Pluralist Structure of Postnational Law$
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Nico Krisch

Print publication date: 2010

Print ISBN-13: 9780199228317

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199228317.001.0001

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Pluralism in Postnational Risk Regulation

Pluralism in Postnational Risk Regulation

(p.189) 6 Pluralism in Postnational Risk Regulation
Beyond Constitutionalism

Nico Krisch

Oxford University Press

Chapter 6 focuses on a central area of global governance often regarded as an example of failed cooperation—the regime complex around trade, food safety, and the environment, illustrated in the dispute over trade in genetically modified organisms (GMOs) around the WTO, the SPS Agreement, and the Biosafety Protocol. The chapter analyses institutional interactions in this area and shows how competing supremacy claims relate to broader claims by various collectives striving for control in the construction of global governance. The chapter suggests that the limits of cooperation evident in this case are due less to institutional than to societal structures. In tracing significant cooperation successes despite highly politicized conflict it also indicates that a pluralist order, by leaving issues of principle open, may provide a safety valve for issues of high salience, thus avoiding the friction a more legalized, constitutionalist order might produce.

Keywords:   international trade, food safety, genetically modified organisms, WTO, SPS Agreement, Biosafety Protocol, pluralism, constitutionalism, supremacy, stability

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