Science and The New Constitution of Health and Environment

SCIENCE AND THE NEW CONSTITUTION OF HEALTH AND ENVIRONMENT

Sponsoring Institution

National Institute of Food and Agriculture

Project Status

TERMINATED

Funding Source

HATCH

Reporting Frequency

Annual

Accession No.

0205078

Grant No.

(N/A)

Project No.

CA-B-SOC-7470-H

Proposal No.

(N/A)

Multistate No.

(N/A)

Program Code

(N/A)

Project Start Date

Oct 1, 2010

Project End Date

Sep 30, 2015

Grant Year

(N/A)

Project Director
Winickoff, D.

Recipient Organization
UNIVERSITY OF CALIFORNIA, BERKELEY
(N/A)
BERKELEY,CA 94720

Performing Department
Society and Environment

Non Technical Summary
This project concerns justice, institutions and the life sciences, but focuses on international regulation and trade. I seek to examine the role of science in the development of global administrative regimes of health and environment, studying science and technology as both the subject of international disputes, and as a resource for settling them. Despite trends toward global standardization, strong regional and cultural differences have emerged around new technologies in the biomedical and agricultural life sciences: Europe refuses to import GMOs without strong labeling and traceability requirements; developing countries demand, on humanitarian grounds, the right to import cheaper pharmaceuticals from India and Brazil in apparent violation of trade rules. In the face of regulatory harmonization at the global level, how are these differences manifesting themselves, and how are science and law used to resolve them Focusing on the World Trade Organization and the Codex Alimentarius Commission, I seek to examine how science and expertise affect the distribution of power across multiple scales of governance and theorize the relation between science and law in international health and environmental regulation. I seek to provides an account of the policy trade-offs happening within the technical discourses of law and science, in order to address issues of global equity and political culture in the face of globalization. From a policy point of view, the project will provide innovative ideas for the appropriate use of science and expertise within regulatory institutions at the global level. To date, this stream of work has centered on the regulation of food safety and the international trade regime. Intense trade wars and recent scandals have made food safety an especially important topic for analysis and policy.

Animal Health Component

(N/A)

Research Effort Categories

Basic

(N/A)

Applied

(N/A)

Developmental

(N/A)

Classification

Knowledge Area (KA)	Subject of Investigation (SOI)	Field of Science (FOS)	Percent
606	6050	3050	30%
606	6120	3060	10%
711	6050	3050	20%
712	6050	3050	10%
712	6120	3050	10%
723	6120	3050	10%
723	6120	3060	10%

Knowledge Area
711 - Ensure Food Products Free of Harmful Chemicals, Including Residues from Agricultural and Other Sources; 712 - Protect Food from Contamination by Pathogenic Microorganisms, Parasites, and Naturally Occurring Toxins; 723 - Hazards to Human Health and Safety; 606 - International Trade and Development;

Subject Of Investigation
6120 - International economy and sectors thereof; 6050 - Communities, areas, and regions;

Field Of Science
3050 - Law; 3060 - Political science;

Keywords

globalization, expertise, international law, food safety,

geoengineering

Goals / Objectives
(A) To analyze the role and authority of scientific experts in shaping the outcomes of international legal disputes involving health and environment and in allocating power across the global, federal, state, and local levels. (B) To analyze the rules and practices surrounding the selection and use of scientific experts in dispute settlement processes at the global level. (C) To analyze change over time in the interpretation and formation of the "science-based" provisions of World Trade Law, and how these changes give rise both to new norms and to new sciences. (D) To analyze the international standardization of risk assessment in ways that reframe norms of "precaution" and the distribution of regulatory power, especially in the face of climate change and the development of new "geoengineering" techniques. (E) To assess how WTO law has expanded the role and power of international regulatory agencies such as the Codex Alimentarius Commission, and to assess the implications of these changes for health and environmental governance at multiple scales. (F) To analyze and characterize the role and impacts of non-state involvement in WTO dispute settlement, including the submission of amicus briefs and the interventions of non-government organizations, in providing a knowledge basis for legal decision-making. (G) To pay particular attention to the local, national, and international governance dimensions of "geoengineering": the intentional application of technologies to remediate global climate change.

Project Methods
A. Legal research. First, this project will involve traditional methods of legal research, which entails the close reading and analysis of legal treaties, case opinions and other legal materials. In this project, analysis of the role of science and scientific experts in regime formation at the international level, especially involving the WTO, and will require the review and analysis of: (1) secondary literature - I will continue to review secondary literatures on legal globalization, trade constitutionalism, international environmental and health law, WTO and health, environment and science. Reading will focus special attention on treaties and contexts around climate change and climate remediation technologies such as carbon sequestration and capture, solar radiation management technologies. (2) treaty texts and negotiating history - a thorough review of international legal texts that explicitly address the use of science and experts. (3) case law - a thorough analysis of the legal opinions to date within the WTO dispute settlement system in which scientific experts have been appointed and used by adjudicatory tribunals at the lower court (Panel) and upper court (Appellate Body) levels. (4) scientific testimony - thorough comparative analysis of appointment, testimony, use of expert testimony, and amicus briefs in the cases enumerated above. (5) function and use of international scientific agencies within international case law, such as the IPCC and the Codex Alimentarius Commissions. I will analyze how standards from these bodies are imported into international treaties, and also whether the new status of these organizations in the trading regime has shifted their structure and function. This latter set of questions will be examined not only through document research, but also interviews and fieldwork at those bodies. b. Interviews and fieldwork. Traditional legal research methods will be supplemented with traditional qualitative research methods drawn from the social sciences, especially interviewing and field research at the organizations at issue. Interviews will target judges and scientific panelists who have played roles in the adjudication of science-based disputes at the WTO, organization officials, and other experts. Interviews and fieldwork will also center on various non-governmental organizations that have emerged as participants in international legal processes, such as the Center for International Environmental Law and the International Center for Trade and Sustainable Development, both in Geneva. c. Write-up and output. I will produce a series of peer-reviewed articles on this work, leading up to a book. This work product will have immediate relevance for actors in California dealing with agricultural biotechnology, food safety, environmental, and health policy.

Progress 10/01/10 to 09/30/15

Outputs
Target Audience:My target audience includes other scientists, students, policy makers, and the public whom I reached through a variety of activities and events. These included the following research talks and other presentations: Standardizing Sustainability: Regulatory Science and the Complex Biofuels Regime (with Matthieu Mondou) Science and Democracy Network 14th Annual Meeting, Harvard University (25 June 2015) Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided?I continue to work with a group of PhD students under this grant, currently: Abigail Martin, Daniel Sarna, Daniel Suarez, and Jane Flegal. I also continued to mentor and train one post-doctoral student, Matthieu Mondou. This project helps support this group in numerous ways. My lab group meets every two weeks for building skills in analysis, article drafting, presenting work in public audiences, and teaching. I hold frequent meetings with these advisees. AES grant support also provides support for mentoring and teaching about 10 other graduate students, and about 5 undergraduate mentees. How have the results been disseminated to communities of interest?I disseminate work at academic conferences, public workshops, and community meetings. What do you plan to do during the next reporting period to accomplish the goals? Nothing Reported

Impacts
What was accomplished under these goals? A primary activity and accomplishment pertaining to (a)-(b) and (f) was the publication of D.E. Winickoff, J.A. Flegal, and A. Asrat, "Engaging the Global South on Climate Engineering Research," Nature Climate Change, Vol. 5: 627-34 (July 2015). This grew out of a conference planned on scientific expertise and geoengineering governance at UC Berkeley supported by this AES grant. We found that climate models of SRM deployment may not be credible as primary inputs to policy because they cannot sufficiently address local concerns such as access to water and that even small outdoor experiments require some form of international public accountability.

Publications

Type: Journal Articles Status: Published Year Published: 2015 Citation: D.E. Winickoff, J.A. Flegal, and A. Asrat, "Engaging the Global South on Climate Engineering Research," NATURE CLIMATE CHANGE, Vol. 5: 627-34 (July 2015).
Type: Journal Articles Status: Published Year Published: 2015 Citation: D.E. Winickoff, and W.D Valdivia "Bayh-Dole." In: eLS. John Wiley & Sons, Ltd: Chichester. DOI: 10.1002/9780470015902.a0025088 (June 2015).
Type: Book Chapters Status: Published Year Published: 2015 Citation: D.E. Winickoff, "Biology Denatured: the Public-Private Lives of Lively Things," in S. Hilgartner, R. Hagendijk, and C. Miller eds., Science & Democracy: Making Knowledge and Making Power in the Biosciences and Beyond (Routledge 2015), 15-32.

Progress 10/01/13 to 09/30/14

Outputs
Target Audience: My target audience includes other scientists, students, policy makers, and the public whom I reached through a variety of activities and events. These included the following research talks and other presentations: Big Data and Crowd Science, paper presented at the Greenwall Faculty Scholars meeting, La Jolla, CA (28 October 2014) Issues of Law and Public Values in Geoengineering Research, invited panel presentation at the Bipartisan Policy Center, Washington, D.C. (5 June 2014) Could Geo-Engineering Cool Our Warming Planet? KQED Forum, invited panelist for hour-long live radio segment (15 Apr 2014) The Bioethics of Synthetic Biology, Lawrence Berkeley National Laboratory, Community Advisory Meeting (13 January 2014) Epistemic Jurisdictions: Science, Courts and the New Federalism, Research Talk, Society for the Social Studies of Science annual meeting, San Diego, CA (11 October 2013) Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided?  I continue to work with a group of PhD students under this grant, currently: Abigail Martin, Daniel Sarna, Daniel Suarez, and Jane Flegal. I also helped mentor and train one post-doctoral student, Matthieu Mondou. Project helps support this group in numerous ways. My lab group meets every two weeks for building skills in analysis, article drafting, presenting work in public audiences, and teaching. I hold frequent meetings with these advisees. AES grant support also provides support for mentoring and teaching about 10 other graduate students, and about 5 undergraduate mentees. In Fall 2014, I added an undergraduate apprentice to work on the project. How have the results been disseminated to communities of interest?  I disseminate work at academic conferences, public workshops, and community meetings. What do you plan to do during the next reporting period to accomplish the goals? Continue to publish articles that are in my pipeline.

Impacts
What was accomplished under these goals? I secured a major grant from the National Science Foundation ($300K) to develop ideas under this work program. This has ennabled me to support one graduate student for two years and one post-doc for one year. I also train 4 undegraduates under this grant. [  National Science Foundation, Standard Research Grant. "Epistemic Jurisdiction: The Politics of Science in Complex Regulatory Regimes." P.I. $301,725.] Publications and talks significantly advanced and disseminated ideas relevant to (A)-(F); this was especially achieved through developing the idea of "epistemic jurisdiction": the legal power to know or apply knowledge authoritatively within particular political territories or for a particular regulatory domain; or, the authority of particular knowledge and particular forms of technical reason within a political territory or regulatory domain. This work was published as noted above. This worked helped show that global governance is moving away from international treaty structures to complex, pluralist, and fragmented ones. In the face of these changes, more needs to be known about the role of expertise and technical reason in regime formation. The structure of expert inputs to policy, technical assessment frameworks, metrics and indicators are all arenas in which regulatory science is underwriting legal jurisdiction, reshaping political rights, and redistributing critical resources. Practical ideas for institutional change in the arena of geoengineering governance relevant to goal (D) and (G) were advanced through publication and conferencing. I disseminated these results as an expert to the National Research Council.

Publications

Type: Other Status: Published Year Published: 2014 Citation: Sam Weiss Evans et al. (with David Winickoff and 18 others). Synthetic biology: Missing the point. NATURE 510, 218. (12 June 2014). Correspondence.
Type: Book Chapters Status: Published Year Published: 2014 Citation: D.E. Winickoff, Epistemic Jurisdictions: Science and Courts in Regulatory (De)centralization, in E. Cloatre and M. Pickersgill, Eds., Knowledge, Technology and Law. (Routledge 2015). 173-188

Progress 01/01/13 to 09/30/13

Outputs
Target Audience:  My target audience includes other scientists, students, and policy makers, whom I reached through a variety of activities and events. These included the following research talks and other presentations: “Governing Geoengineering Research: Are New Institutions Necessary?” Invited presentation to the National Research Council Committee on Geoengineering Climate: Technical Evaluation and Discussion of Impacts (11 September 2013) “Epistemic Jurisdictions: Science, Courts and the New Federalism,” Research Talk, Science and Democracy Network Annual Meeting, Harvard, University (2 July 2013) Invited Commentary, Facts and Futures: Science and International Law, Harvard Law School (17 April 2013) Epistemic Jurisdictions: Science, Courts and the Formation of New Federalisms, Invited research talk, University of Kent Law School, U.K. (20 March 2013) Geoengineering Research Governance: The View from the U.S., Invited talk, University of Oxford, U.K. (19 March 2013) The Collective Ideal in Biobank Governance, Keynote conference talk, University of Sheffield, U.K. (18 March 2013) Patent Pending: The Supreme Court Myriad Litigation. Presenter. Hastings College of the Law (20 February 2013) Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided?  I continued to work with and train five PhD students under this project: Abigail Martin, Kendra Klein, Daniel Sarna, Javiera Barandiaran, Daniel Suarez. I also helped mentor and train one post-doctoral student, Chris Jones. Kendra Klein successfully completed her PhD in May 2013. Chris Jones was hired into a tenure-track position at Arizona State University. Project helps support this group in numerous ways. My lab group meets every two weeks for building skills in analysis, article drafting, presenting work in public audiences, and teaching. I hold frequent meetings with these advisees How have the results been disseminated to communities of interest?  Yes, I frequently disseminate my work at academic conferences, public workshops, and community meetings. What do you plan to do during the next reporting period to accomplish the goals? Nothing Reported

Impacts
What was accomplished under these goals?  Publications and talks significantly advanced and disseminated ideas relevant to (A)-(F); this was especially achieved through developing the idea of “epistemic jurisdiction”: the legal power to know or apply knowledge authoritatively within particular political territories or for a particular regulatory domain; or, the authority of particular knowledge and particular forms of technical reason within a political territory or regulatory domain. This worked helped show that global governance is moving away from international treaty structures to complex, pluralist, and fragmented ones. In the face of these changes, more needs to be known about the role of expertise and technical reason in regime formation. The structure of expert inputs to policy, technical assessment frameworks, metrics and indicators are all arenas in which regulatory science is underwriting legal jurisdiction, reshaping political rights, and redistributing critical resources. Practical ideas for institutional change in the arena of geoengineering governance relevant to goal (D) and (G) were advanced through publication and conferencing. I disseminated these results as an expert to the National Research Council. In May 2013, I was awarded an $300K NSF grant to extend this work and hire more staff.

Publications

Type: Journal Articles Status: Published Year Published: 2013 Citation: A.S Kesselheim, R.M. Cook-Deegan, D.E. Winickoff, M.M. Mello, Gene Patenting: The Supreme Court Finally Speaks, NEW ENGLAND JOURNAL OF MEDICINE. 369;9: 869-875 (29 August 2013).
Type: Journal Articles Status: Published Year Published: 2013 Citation: D.E. Winickoff and Mark B. Brown, Time for a Government Advisory Committee for Geoengineering Research, ISSUES IN SCIENCE AND TECHNOLOGY 29(4): 79-85 (Summer 2013).
Type: Journal Articles Status: Published Year Published: 2013 Citation: D.E. Winickoff, Private Assets, Public Mission: Life Science, Tech Transfer, and the New American University, 54 JURIMETRICS 1-42 (Fall 2013)
Type: Book Chapters Status: Awaiting Publication Year Published: 2014 Citation: [41] D.E. Winickoff, Epistemic Jurisdictions: Science and Courts in Regulatory (De)centralization, in E. Cloatre and M. Pickersgill, Eds., Knowledge, Technology and Law. Routledge Press (Forthcoming Spring 2014).

Progress 01/01/12 to 12/31/12

Outputs
OUTPUTS: 1. Co-organized international meeting on the intersection of scientific expertise, intellectual property law, and bioethics (Kobe, Japan, February 2012). This meeting convened an international group of scientists and scholars to discuss coordination of intellectual property law in biotechnology. The event produced a report that was disseminated widely to policy communities in the U.S., Japan, and China. 2. Tutored and mentored five PhD students, three of whom stand to graduate this year, and also mentored two postdoctoral fellows working in environmental history. I also taught 130 undergraduate students in ESPM 162 ("Bioethics") and the capstone class in the Society and Environment major at Berkeley. 3. Founded a new "designated emphasis" or graduate minor in Science and Technology Studies at U.C. Berkeley. Built a faculty group of twenty people, and admitted our first class of seven PhD students in March 2012. This has fomented lots of work at the intersection of ethics, science, and public policy on campus. 4. Helped organize and participated in the Science and Democracy Network (SDN) meeting and related activities in June 2012. SDN is network of scholars established in 2002 to enhance the quality and significance of scholarship in science and technology studies (STS) by training young professionals and by forging links between STS and related fields of study and practice. I continue to be on the governing council of SDN. The primary goal of the STS meeting is to strengthen and deepen STS scholarship on science and democracy, and to provide training opportunities for young STS scholars to enable them to participate more effectively in decision processes and public affairs. 5. I gave a number of public lectures on my work: Berkeley (1 October 2012) University of California, Santa Cruz (8 May 2012), Stanford Law School (21 February 2012), Kobe, Japan (30 January 2012) PARTICIPANTS: Organizational liaisons. Bipartisan Policy Center. After working closely with this Washington group in geoengineering the previous year, I continue to collaborate on the generation of policy papers. Center for Genetics and Society. Collaborative research and writing on international bioethics issues. Institute for Science, Innovation and Society (InSIS). University of Oxford. Research partnership and in-kind exchange (research visits). New collaborators. Daniel Farber, Berkeley Law School Jane Long, Lawrence Livermore Laboratory Steve Rayner, University of Oxford Ralph Bodle, Ecologic Institute, Berlin Matthew Watson, University of Bristol Jim Dratw, The European Commission Sebastian Haye, The Roundtable on Sustainable Biofuels Steve Hamburg, Chief Scientists, Environmental Defense Fund Training and development. I continued to work with and train five PhD students under this project: Abigail Martin, Kendra Klein, Daniel Sarna, Javiera Barandiaran, Daniel Suarez. Project helps support this group in numerous ways. We meet as a group every two weeks and have frequent individual meetings. TARGET AUDIENCES: Taught 135-person undergraduate course entitled, "Bioethics and Society" Taught 12-person "capstone" seminar for seniors in the Society & Environment major at U.C. Berkeley Developed a new course entitled, "Bioethics, Law and the Life Sciences" to be taught at the Law School in Spring 2013. Helped organize international workshop on intellectual property in stem cell research in Kobe, Japan. The Scientist and Society. Presentation to campus researchers as part of the U.C. Berkeley Responsible Conduct of Research Seminar Series (9 April 2012) PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
1. Published work on geoengineering from previous year has been taken up into national science policy: a new advisory body for the governance of geoengineering research has been commissioned. 2. Two of my trainees, one graduate student (Javiera Barandiaran) and one post-doctoral fellow (Christopher Jones) have procured tenure-track positions (U.C. Santa Barbara, and Arizona State University respectively). 3. Ideas for the governance of human genetic resources (developed in a 2011 publication) were adopted by the Genetics Alliance group (a large patient advocacy group) in Washington D.C. 4. The production of major ideas ready for publication and also that lay the groundwork for grant application: Global governance is moving away from international treaty structures to complex, pluralist, and fragmented ones. Little is generally known about the role of science in the forms of complex or "polycentric" governance that are common today. I have learned that in these complex arrangements, regulatory science and diverse forms of technical reasoning move across levels of government and span the private and public sectors. In the process--through expertise, technical assessment frameworks, metrics and indicators--regulatory science is underwriting legal jurisdiction, reshaping political rights, and redistributing critical resources. The formation of these complex governance systems raise unique questions about science and global regulatory power. Technical areas of governance, science and epistemology function as a vehicle for different kinds of actors, public and private, to claim power in different jurisdictions. As science and technical logics move through these more complicated regulatory spaces, they help to underwrite the power sharing arrangements across jurisdictions, and among different kinds of actors. Within polycentric governance systems, it will important to analyze the settlements and unsettlements around "epistemic jurisdiction": or, the legal power to know or apply knowledge authoritatively within particular political territories or for a particular regulatory domain; or, the authority of particular knowledge and particular forms of technical reason within a political territory or regulatory domain. This concept brings attention to the ways in which science is an important factor in mediating, brokering, and defining allocation of regulatory power across these various spaces. It draws our attention to how political problems of federalism and the lack of accountability of privatized governance often turn on questions of science, risk, and standards.

Publications

Winickoff, D. 2012. Preface to Sheila Jasanoff, SCIENCE AND PUBLIC REASON (Routledge 2012), ix-xii.
Booker, K.M., Gadgil A.J., and Winickoff, D. 2012. Engineering for the Global Poor: The Role of Intellectual Property. SCIENCE AND PUBLIC POLICY. 39 (6): 775-786.
Sutherland, W.J., Bellingan L, Bellingham JR, Blackstock JJ, Bloomfield RM, et al. (with David Winickoff and many others). 2012. A Collaboratively-Derived Science-Policy Research Agenda. PLoS ONE 7(3): e31824. doi:10.1371/journal.pone.0031824

Progress 01/01/11 to 12/31/11

Outputs
OUTPUTS: My research and work under this grant led, this past year, to deepening involvement with the Bipartisan Policy Committee Task Force on Climate Remediation in Washington DC. This year, our report (which I co-authored) was made public through a national press conference and has been broadly disseminated, in print and online, to policymaking communities in NSF, OSTP, and Department of Energy. In a related vein, I presented my work on geoengineering research governance at the American Geophysical Union Fall Meeting in San Francisco (8 December 2011) to a large public audience. PARTICIPANTS: Funding helped support four graduate students on the following projects: A comparison of biofuel innovation programs across Brazil and the U.S.; The role of environmental impact assessment in major international controversies in Chile; The regulation of nanotechnology; the rise of ecosystem services as an international management paradigm. The students are Javiera Barandiaran, Abigail Martin, Daniel Suarez, Mark Philbrick. TARGET AUDIENCES: Ultimately, my work is targeted at healthcare consumers, citizens concerned with a clean environment and interested in being involved in governance, policymakers at different levels of governance, and NGOs. PROJECT MODIFICATIONS: Not relevant to this project.

Impacts
Two outcomes are most salient. First, my work on global governance and democratic legitimacy has been taken up by the Environmental Defense Fund, a major environmental NGO, as they have started holding public deliberation exercises around the use and regulation of geoengineering technologies at local, national and international scales. Second, the Genetic Alliance, a non-profit patient disease advocacy organization, has engaged me to help them develop a new governance architecture for how they structure their biorepository. This will draw upon knowledge I have gained from this research regarding how citizens navigate health regulation at different scales of governance.

Publications

Bipartisan Policy Center Task Force on Geoengineering and Climate Change (with D.E.Winickoff), Geoengineering: A National Strategic Plan for Research on the Potential Effectiveness, Feasibility, and Consequences of Climate Remediation Technologies (October 2011)
Royal Society, London, United Kingdom Geoengineering Research Governance Initiative, Working Group Member. Report co-author, Solar Radiation Management: the Governance of Research (Dec 2011)
D.E. Winickoff (senior author) (with D. Matthews, G. Graff, K. Saha), Access to Stem Cells and Data: Persons, Property Rights, and Scientific Progress, SCIENCE 331 (6018): 725-727 (11 February 2011)
Kendra Klein, D.E. Winickoff, Organic Regulation Across the Atlantic: Emergence, Divergence, Convergence, ENVIRONMENTAL POLITICS 20;2: 153-172 (March 2011)
D.E. Winickoff and Kendra Klein, "Food Labels and the Environment: Towards Harmonization of EU and US Organic Standards," in David Vogel & Johan Swinnen (eds.), Transatlantic Regulatory Cooperation: The Shifting Roles of the EU, the US and California (Edward Elgar: Cheltenham, 2011)

Progress 01/01/10 to 12/31/10

Outputs
OUTPUTS: In March 2010, because of my work on this project, I was invited to give the opening plenary talk on the ethics of geoengineering research at the Asilomar International Conference on Climate Change Technologies. This talk was reported out to the national media in places like Mother Jones, and WIRED. As part of a group of international scholars working on the ethics and politics of stem cell research, I produced a consensus statement that had a national press release in Washington D.C. The statement concerned the need to think globally about patterns of intellectual property and regulation in biotechnologies like stem cell research. The statement grew out of prior work I had done in this arena, funded under this program. PARTICIPANTS: Bipartisan Policy Center, and National Commission on Energy Policy. Sponsored task force where I served and supplied ideas from this project to inform forthcoming report on the geoengineering. Kendra Klein. Graduate student and advisee. Supported to conduct primary and secondary research for her PhD on the possibilities and impediments of taking up locally grown food within hospitals and HMOs. Daniel Sarna. Graduate student and advisee. Supported to conduct research on the resolution of water controversies, and the role of science therein, in the Klamath Basin. California Council on Science and Technology. Served on task force related to assessing the risks and benefits of "SmartMeters," wirelessly connected energy meters being installed in California. TARGET AUDIENCES: For the Geoengineering task force at the Bipartisan Policy Center, it is a national audience with a special target to law makers in Congress. Continued development of cutting edge materials for undergraduate and graduate students at UC Berkeley, especially the College of Natural Resources, on issues of science and technology governance. Ran workshop for social science scholars working on geoengineering as an offshoot to another meeting, in London UK. Involved 25 mostly US scholars. Classroom audiences of 170 total students enrolled in classes with material deeply shaped by this project. PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
In the publication referenced below, I developed a set of principles and governance frameworks that should be applied to any program of geoengineering research around the world. These had to do with oversight, democratic governance, ownership, precautionary principle, and international cooperation. These principles have informed the process of national and international deliberations on the governance of geoengineering research. As a member of the National Commission on Energy Policy's geoengineering task force, I have helped developed the principles in that report. As part of a Royal Society (UK) international process to examine the governance of Solar Radiation Management (SRM) technologies, the same thing. In both, I am extending knowledge gained from my AES research into society in influential ways. I have supported the development and training of one of my graduate students, Kendra Klein, in her research on sustainable food systems in California, the promotion of institutional adoption of safe and locally-grown food at hospitals. Another graduate student has been supported to research the use of science in the settlement of water resource controversies at the state level, especially in the Klamath River basin.

Publications

J. Long and D.E. Winickoff, Governing Geoeingineering: Principles and Process, SOLUTIONS 1;5: 60-62 (October 2010)
S. O'Connor, G.D. Graff, and D.E. Winickoff, Legal Context of University Intellectual Property and Technology Transfer, peer-reviewed commissioned paper prepared for the National Academies of Science report, "anaging University Intellectual Property in the Public Interest" (2010)
D.E. Winickoff and Douglas Bushey, Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius, 35 SCIENCE, TECHNOLOGY, & HUMAN VALUES 356-381 (2010).

Progress 01/01/08 to 12/31/08

Outputs
OUTPUTS: In 2008, after the summer research trip to Geneva, Switzerland in summer 2007 (to conduct interviews with World Trade Organization personnel, and interact with legal faculty at University of Geneva, Faculty of Law) work continued on a major research manuscript on the relationship between the Codex Alimentarius Commission (WHO/FAO) and the World Trade Organization, entitled, "Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius." This article has been revised and accepted for publication in the top journal in the field of Science and Technology Studies (Science, Technology and Human Values). The successful training of graduate student Douglas Bushey is another major output of this project. The mentioned research article will be published with Douglas Bushey. The project has supported his training in this research and has advanced his dissertation project ("Global Knowledges: Science and Power in Global Governance") on the use and uptake of science in World Trade Law and International Environmental Law. Indeed, Bushey's project and career trajectory has been shaped largely by this AES project. With the PI's oversight, Bushey is finishing other articles on the role of science at the WTO, especially with regard to resolving the ongoing dispute between the United States and EU on hormone-treated beef (so-called Beef Hormones case). Bushey's training has been a major success and output of this project. In summer and fall 2008, the AES project supported the hire of graduate student Kendra Klein for help on research and writing of an original research article on comparative regulation of organic agriculture across the US and the EU. The paper also explores the prospects of greater regulatory harmonization through the Codex Alimentarius Commission. The paper has thus far appeared as a Berkeley electronic working paper entitled, "Food Labels and the Environment: Organic Regulation and Its Problems." Project has resulted in continued curriculum development in courses taught at University of California--Berkeley. Additions include coverage of case law at the World Trade Organization, the international regulation of food safety, and the role of science and technology in globalization. Courses improved include "Bioethics and Society" (130 students, ESPM 162) and a graduate student seminar, namely "Science, Technology and the Politics of Nature" (10 student, ESPM 256). PARTICIPANTS: David Winickoff, PI and assistant professor, UC Berkeley. Grant has supported small research trips, supplies and other expenses related to the proposal. Douglas Bushey, PhD student, UC Berkeley. Project has been major support for his training and development. Bushey had been supported on this research grant since 2006. No major new expenses in 2008. PI will be Bushey's dissertation chair person. Bushey and PI worked closely on the major research publication noted above, "Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius." Kendra Klein, PhD student, UC Berkeley. Training and development. Klein was supported over Summer 2008 with a full research assistantship, and she prepared report and bibliography on organic regulation across the US and EU. This has helped shape her dissertation work on food labeling and regulation. This work has led to the publication "Food Labels and the Environment: Organic Regulation and Its Problems in the US and EU," IGS Center on Institutions and Governance Working Paper (November 2008) http://igov.berkeley.edu/papers0809.html#winickoff, mentioned above. PI will be chairing her dissertation, which has been shaped by the Project. Abigail Martin, PhD student, UC Berkeley. Continued training and development. Martin has been supported with small ad hoc grants in 2008. She prepared a bibliography on biotechnology regulation, trade, and development, and this has shaped her dissertation trajectory. PI will be chairing this dissertation, which has emerged from the Project. Collaborating organizations: World Trade Organization, Codex Alimentarius Commission, University of California-Berkeley, University of Geneva (faculty of law), The Science and Democracy Network, Harvard University, Center for TARGET AUDIENCES: Target audience has been developed in this period to include the trans-Atlantic regulatory community through involvement in the conference mentioned above. PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
As a result of his work on trade and environment, PI was invited to research and contribute a paper to an international conference entitled "California-EU Biodiversity and Biosafety Regulatory Cooperation," sponsored by the Berkeley Center on Institutions and Governance (http://igov.berkeley.edu) and the Leuven Centre for Global Governance Studies and LICOS (University of Leuven). The result was the paper mentioned below: D.E. Winickoff and Kendra Klein, "Food Labels and the Environment: Organic Regulation and Its Problems in the US and EU," IGS Center on Institutions and Governance Working Paper (November 2008) http://igov.berkeley.edu/papers0809.html#winickoff. This paper will appear either as a book chapter or a published article. This workshop was part of a two-year project "Managing Biosafety and Biodiversity in a Global World -- EU, US, California and Comparative perspectives" http://www.biosafetyandbiodiversity.eu/ examining the roles that California and the European Union play in defining the forefront of domestic and international environmental policy solutions. The paper contributed to the workshop's goal to produce concrete, actionable policy recommendations to further regulatory cooperation between the EU, California and the US on transatlantic environmental issues, including climate change, chemicals policy, biosafety, water regulation, and biodiversity protection. New material developed in courses (described above) has helped train hundreds of undergraduate and graduate students in the area of trade, environment, and health. Project PI continues to shape an emerging research network of Science, Technology and Society scholars interested in "Global Knowledges."

Publications

D.E. Winickoff & Douglas Bushey, Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius, Science, Technology and Human Values (Forthcoming, Fall 2009).
D.E. Winickoff & Kendra Klein, "Food Labels and the Environment: Organic Regulation and Its Problems in the US and EU," IGS Center on Institutions and Governance Working Paper (November 2008) http://igov.berkeley.edu/papers0809.html#winickoff

Progress 01/01/07 to 12/31/07

Outputs
OUTPUTS: Project supported a research trip to Geneva, Switzerland (July 2007) to conduct interviews with World Trade Organization personnel, and interact with legal faculty at University of Geneva, Faculty of Law. Research has produced a long research manuscript on the relationship between the Codex Alimentarius Commission (WHO/FAO) and the World Trade Organization, entitled, "Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius" (submitted Nov. 2 to Science, Technology and Human Values). The project also supported two summer months of graduate student research in the following areas: the international regulation of biotechnology and its implications for developing countries; the regulation of food labeling in comparative perspective across the U.S. and the European Union. Written products from this support included detailed and annotated bibliographies and reports of literature in these areas. Project has resulted in curriculum development in courses taught at University of Califronia--Berkeley. These include adding significant new material to one undergraduate course, namely "Bioethics and Society" (100 students, ESPM 162) and one graduate student seminar, namely "Science, Technology and the Politics of Nature" (15 student, ESPM 256). These additions include coverage of case law at the World Trade Organization, the international regulation of food safety, and the role of science and technology in globalization. Faculty research time and undergraduate researcher supported the development of a new research talk entitled, "Biotechnology for Development: Promethean Gift or Trojan Horse?" This talk was delivered as an invited guest lecture at U.C Berkeley in a Department of International and Area Studies course (IAS 115) entitled, "Global Poverty: Challenges and Hopes in the New Millennium" (8 November 2007). PARTICIPANTS: David Winickoff, PI and assistant professor, UC Berkeley. Winickoff's field work and interview trip to Geneva, Switzerland was supported by the Project, where he established working contacts at the World Trade Organization, and a collaborative affiliation with the University of Geneva, Faculty of Law, which formally hosted him for 1.5 months in the summer. Developed expertise through research, interviewing, writing, and networking. Producing written work. Douglas Bushey, PhD student, UC Berkeley. Project has been major support for his training and development. Bushey had been supported on this research grant since 2006, and this project has helped shape his dissertation on international regulatory regimes of food safety, and the role of science therein. PI will be Bushey's dissertation chair person. Bushey and PI worked closely on the preparation and submission of major research manuscript noted above, "Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius" (submitted Nov. 2 to Science, Technology and Human Values). Kendra Klein, PhD student, UC Berkeley. Training and development. Klein was support over Summer 2007 with a research assistantship, and she prepared report and bibliography on food labeling. This has helped shape her dissertation work on food labeling and regulation. She and PI are currently working on a manuscript to write up this work. PI will be chairing her dissertation, which has been shaped by the Project. Abigail Martin, PhD student, UC Berkeley. Training and development. Martin has been supported by this grant in Summer 2007 and also more in 2008. She prepared a bibliography on biotechnology regulation, trade, and development, and this has shaped her dissertation trajectory. PI will be chairing this dissertation, which has emerged from the Project. Carolyn McMahon, undergraduate, UC Berkeley. McMahon provided research assistant support on an hourly wage basis, to collect books, web materials, and prepare short reports. She received training and professional development in the course of the work. Collaborating organizations: World Trade Organization, Codex Alimentarius Commission, University of California-Berkeley, University of Geneva (faculty of law), The Science and Democracy Network, Harvard University TARGET AUDIENCES: New target audience has been developed in this period. Direct contacts at the World Trade Organization have made direct policy input a reality, and more likely in the future. Developing audience and contacts among European legal academics has opened up new avenues of exchange and collaboration.

Impacts
Multiple discussions and interviews with legal staff at the World Trade Organization has led to the development of plans at that institution to hold workshops and meetings on the topic of how scientific advice and expertise can best be incorporated into the Dispute Settlement system. New material developed in courses (described above) has helped train hundreds of undergraduate and graduate students in the area of trade, environment, and health. Project PI is shaping an emerging research network of Science, Technology and Society scholars interested in "global knowledges".

Publications

No publications reported this period

Progress 01/01/06 to 12/31/06

Outputs
This research project has progressed nicely in year 2006. I had two research assistants working with my over the summer, and in collaboration with them have four article manuscripts some of which will likely be accepted for publication in year 2007. In the summer 2006, I conducted a number of interviews in Geneva, Switzerland, pursuant to this research plan, and will write up that data shortly. I have begun to develop a book proposal for this work. On November 10, 2006, I delivered an invited research seminar based on this work at Stanford University entitled, "World Trade and the Regulation of Life: Science, Power, and International Order," in which I reported preliminary results. This was well-received. Here I argued the centrality of scientific expertise and the "sound science" concept at the World Trade Organization and in international trade law for understanding the particularities of the emerging global administrative bureaucracy, and the emerging global regulation of environment and health. This work should be highly relevant to environmental and public health policies in California. Furthermore, based on this work I convened a panel for the annual Society for the Social Studies of Science (4S) conference in October 2006 under the heading, Between Constitution and Empire: Producing Science and Citizens in Global Institutions.

Impacts
This work should be highly relevant to environmental and public health policies in California, as state policies will be increasingly constrained by the interpretation of US obligations under international trading agreements.

Publications

Winickoff, et al., 2005(Winter). Adjudicating the GM Food Wars: Science, Risk and Democracy in World Trade Law, 30 Yale, Journal of International Law 81:123.