The often referred to risk-hazard divide is commonly exaggerated. With some exceptions, few in the risk camp argue against hazard classification as basis for labelling of e.g. carcinogenic substances (which has been the case for decades) and few in the hazard camp criticise the use of risk assessments, once they are established. Agencies and politicians commonly look at both sides of the coin in practise. However, improved chemicals management would benefit from further bridging the risk-hazard divide. Professor Lofstedt does a good job in arguing from a risk perspective, but he leaves out much of the other side of the coin, so in the following, I will discuss his perspectives and try to complement his recommendations.

Although the applicable standard of review under Articles 2.2/5.1 of the SPS Agreement is not de novo, an investigation of the WTO panel remains intrusive in terms of objectivity and coherence of risk assessment. Moreover, the panel's review does not end with a final conclusion reached by the WTO Member in the risk assessment. It also extends to the quality of the reasoning and the intermediate interferences that led to the conclusion. If a WTO Member exercises expert judgment in its risk assessment, this needs to be sufficiently transparent and well documented (author's headnote).

The obligations of Article 5.1 and 5.6 are distinctive and independent from each other. Therefore, a violation of the first provision does not imply infringement of the latter one (author's headnote).

In an article that made waves when it was first published in 1996, judge Easterbrook scorned the idea that the technological reality of cyberspace justified talk about or a need for ‘Cyber Law’. Just as there is no need for a ‘Law of the Horse’ merely because horses give rise to legal claims, he argued, conventional legal principles and reasoning are sufficiently accommodating to absorb new legal challenges that arise in the wake of cyberspace. We may likewise doubt the need for a ‘Law of the Mammoth’, even though technologies emerge that harbour the prospect of bringing back the woolly mammoth from extinction, reversing climate change, and creating new life forms. Cyber Law is now firmly established, of course, and Easterbrook also appears to have lost the academic debate from the likes of Lawrence Lessig. That fact notwithstanding, the onus to show that the time has come for a Law of the Mammoth clearly is on those staking the claim.

Joined Cases C-78/16 and C-79/16, Giovanni Pesce (et al) v Presidenza del Consiglio dei Ministri, [2016] EU:C:2016:428.

In Xylella, the Court of Justice of the European Union (CJEU) was called upon to assess how far policymakers can go in conditions of scientific uncertainty, and whether EFSA opinions can be indirectly subject to judicial review, despite not being legally binding. In particular, the Xylella case highlights the relevance of EFSA’s scientific authority over the Commission: since EFSA opinions are not directly reviewable by the CJEU – as they constitute an intermediate stage of a more complex administrative procedure – the political and legal liabilities relating to EFSA assessments are entirely shifted onto the Commission, whose discretion is reviewable by the EU judiciary. In this regard, the Xylella case confirms how difficult the judicial review of precautionary measures can be. It shows once again that a full assessment of these measures is impossible, as scientific uncertainty restricts the grounds for judicial review to the manifest appropriateness of the contested measures and the availability of less onerous and equally effective measures.

The purpose of this paper is to use legal theory to clarify the nature and the components of effectiveness in legislation, in particular when it comes to choosing legislative policy, ie the legislative model used to tackle a certain issue via legislation. Part II is devoted to revealing the true meaning of the idea of effectiveness, ie as a functional link helping legislative drafters to move among three elements (ideals, situation, results) rather than as an absolute value that drafters should pursue in their work. Part III continues by investigating the problems that such confusion has produced within legislative discourse and practice, in particular by focusing upon two types of effectiveness as external and internal to the legislative process. Finally, Part IV proposes how this idea of effectiveness as a functional element of legislative work (and the consequent distinction between an external and an internal version) can (and should) affect the work of legislative drafters. This idea becomes particularly relevant in relation to the optimal location of the non-legal experts in the legislative process as a means of increasing the effectiveness of legislative policy.

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).

This article examines the extent to which tort law can be used to incentivise the creation of the circular value chain and the design of products that live up to the requirements of the circular economy. In doing so, this article focuses in particular on the concepts of product liability and value chain liability. It shows that whereas the product liability framework has clearly been thought out to fit the linear value chain, central product liability concepts are also sufficiently flexible to be able to take in circularity considerations. The same goes for the concept of value chain liability. This article also shows how both types of liability become intertwined in the circular value chain.

STOA, the European Parliament's Technology Assessment body, which I had the honour to chair, has a mission to: (i) assess the impact of introducing and promoting new technologies, and (ii) identify the relevant policy options. In the context of its work, STOA has to address many different issues. One of the issues deserving STOA's attention is the changing face of risk governance: “Moving from precaution to smarter regulation”.

This is currently being debated on various levels, including that of the WTO (World Trade Organization), where science-based decision-making has always played an important role. The JRC (Joint Research Centre) is very active in this field and has developed, among others, a science-based approach to risk assessment in the area of nanotechnology. With the comitology procedure becoming more and more important, the European Parliament and its members have to assume their role with respect to risk management and explain it to the public.

In September 2011, the World Trade Organization (WTO) released the report of a panel tasked with considering a complaint brought by Indonesia concerning prohibitions on certain flavored tobacco products implemented by the United States (US). The panel concluded that the US violated WTO law and recommended that the US be asked to bring its laws into conformity with WTO law.

The US appealed the panel's decision. The Appellate Body of the WTO upheld the panel report on April 4, 2012. This case note gives a brief overview of the Appellate Body's report and examines the implications for tobacco control and public health more generally.

Nanomaterials and products containing such materials are already in widespread use because they exhibit technologically interesting, nano-specific features such as increased tensile strength, improved electrical conductivity, special optical characteristics or special medico-chemical properties. Nonetheless, the same features that make these substances so interesting technologically potentially harbor risks for those persons who handle them. This is because small particle size, coupled with increased reactivity due to special surface features, determines their biological activity and therefore toxicity. The increasing applications are exposing ever more employees – especially those working in research laboratories or in industrial production and processing – to nanosubstances. This makes occupational safety a major issue from a regulatory standpoint. Based on the available literature on occupational safety, the following nanomaterial-relevant topics have been identifi ed: health risks, adaptation of detection and measurement methods, actual exposure scenarios at the workplace, defi nition and compilation of existing worksites for nanomaterials, recommendations for worker safety by the authorities and by industry, as well as preventive occupational medical care.

The recently published 5th edition of the Diagnostic and Statistical Manual of Mental Disorders has incorporated significant changes. This report aims to outline the changes that are most relevant for readers with an interest in lifestyle risks.

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.

Case C-19/15 Verband Sozialer Wettbewerb eV v Innova Vital GmbH (ECJ, 14 July 2016)

On 14 July 2016, the Court of Justice delivered its judgment on a request for a preliminary ruling concerning the interpretation of Article 1(2) of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods. The Court ruled for the first time that the Regulation applies to nutrition and health claims made in commercial communications exclusively addressed to health professionals. This represents a major breakthrough as – in a climate of uncertainty – the established industry practice was to interpret Article 1(2) in the sense that the Regulation only applied to commercial communications addressed to final consumers. From now on, food business operators will need to take further precautionary steps to ensure that any information they communicate to health professionals either qualifies as non-commercial or complies with the Regulation. The following case note analyses the content of the judgment and its main implications (authors' summary).

This article seeks to make a contribution to the food safety regulation literature, and to the broader framework of risk regulation, in the attempt to establish both theoretically and empirically what can be intended as effective governance of food safety regulation. The aim is to review existing measures of effectiveness of food safety governance, and to give a preliminary definition of effectiveness, together with a theoretical perspective on how to operationalise it, eventually proposing an empirical measurement. Effectiveness of food safety governance can be measured – on the one hand – as the capacity of consumers’ protection, and thus, as the minimisation of risk related to food, and – on the other hand – as the capacity of protection of producers’ interests, in order to ensure competitiveness within the market. Distinguishing food safety delivered from food safety perceived, the article seeks to analyse dimensions of effectiveness related to both the protection of consumers and producers, and to the minimisation of risk, drawing upon Elinor Ostrom’s Institutional Analysis and Development Framework (IAD) and, particularly, her conceptualisation of opportunistic behaviour.