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May science be with you: Can scientific expertise confer legitimacy to transnational authority?

Paskalev, Vesco

Authors

Vesco Paskalev



Abstract

The paper draws on the recent science and technology scholarship (STS) to criticise the dominant understanding of the role of science on which the existing system of transnational regulation is based. In particular, it employs the concept of epistemic subsidiarity suggested by Sheila Jasanoff to the science-based regulation in the EU to explain why the formal authority of the GMO regulators is crumbling, while some transnational regimes with no formal legal foundation flourish. It argues that to build their own authority, transnational regimes must not dismiss local concerns as ‘unscientific’ and ‘political’ but should themselves seek to take these concerns into account. The paper explores several ways in which this might be done in a multilevel system and concludes that instead of seeking to circumscribe the domains, we should strive to make their boundaries more porous.

Journal Article Type Article
Publication Date Apr 3, 2017
Journal Transnational legal theory
Print ISSN 2041-4005
Electronic ISSN 2041-4013
Publisher Taylor & Francis (Routledge)
Peer Reviewed Peer Reviewed
Volume 8
Issue 2
Pages 202-223
APA6 Citation Paskalev, V. (2017). May science be with you: Can scientific expertise confer legitimacy to transnational authority?. Transnational Legal Theory, 8(2), 202-223. https://doi.org/10.1080/20414005.2017.1356624
DOI https://doi.org/10.1080/20414005.2017.1356624
Keywords Expertise; Authority; Epistemic subsidiarity; Risk regulation; STS
Publisher URL https://www.tandfonline.com/doi/abs/10.1080/20414005.2017.1356624
Additional Information This is a description of an article accepted for future publication in Transnational legal theory.

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