In recent years, biolaw has received a lot of attention on the international as well as on the regional level and has arrived in both legal practice and academia - and its practical importance is growing. The practical importance of biolaw is widespread as the discipline not only relates to cutting edge biotechnology but also to fundamental questions with regard to human nature and identity as well as issues which ought to be of interest to everybody, such as universal access to health care.
While biolaw often touches related disciplines such as human rights, bioethics, medical and healthcare law, malpractice law, criminal law and welfare law, to name just a few, it also often has to deal with highly controversial issues such as the legality of abortion, stem cell research, euthanasia and the like. Currently, many have little or no access to even the most basic health care services while on the other hand patients in developed countries can benefit from medical procedures which just a few years ago belong to the realm of science-fiction.
Table of Contents
1. Chapter 1: The origins and development of biolaw
2. Chapter 2: The role of human dignity and human rights for biolaw
3. Chapter 3: The precautionary principle
4. Chapter 4: UNESCO’s Declaration on the Human Genome
5. Chapter 5: Universal Declaration on Bioethics and Human Rights
6. Chapter 6: Convention on Human Rights and Biomedicine
7. Chapter 7: Gene databases
8. Chapter 8: The right not to know
9. Chapter 9: Biomedical research in the context of Council of Europe and EU legislation
10. Chapter 10: Advance directives
Objectives & Topics
The work provides a critical review and assessment of Roberto Andorno’s collection "Principles of International Biolaw", evaluating its utility as both an introductory academic resource and a reference for legal practitioners. It aims to determine how effectively the book bridges the gap between complex bioethical discourse and applicable international legal norms.
- The intersection of human rights, bioethics, and legal regulation.
- The role of international institutions like UNESCO and the Council of Europe in shaping biolaw.
- The practical application of core biolegal principles such as human dignity and the precautionary principle.
- The legal challenges surrounding emerging medical issues like gene databases, "the right not to know," and advance directives.
- The pedagogical value of existing biolaw literature for undergraduate and postgraduate studies.
Excerpt from the Book
Bioethics and biolaw should not be confused with each other.
From a lawyer’s perspective the term ethics might sound fuzzy and unclear, more about philosophical discussions than hard legal rules. This is not the case when it comes to biolaw. While it is true that the philosophical and other foundations of biolegal rules are more easily visible when compared to many other legal fields (say, for example, contract law), but the legal rules which make up this specific body of law are exactly that - legal rules. Today, such bio-legal norms can be found on all levels, from local ordinances to international treaties.
The Belgium-based publishing house Bruylant has recently published a collection of texts by Roberto Andorno of the University of Zürich which provides both an introduction to and in-depth insights into key issues of biolaw, in particular on an international level. The book is part of a book series on law, bioethics and society (“Droit, bioéthique et société”) which is edited by Brigitte Feuillet-Liger of the University of Rennes I. This book series, which includes books in English and French, seems to have really taken off since the year 2011, showing an increased interest in biolegal questions.
Summary of Chapters
Chapter 1: The origins and development of biolaw: This chapter provides the foundational context for the emergence and historical evolution of biolaw as a distinct legal discipline.
Chapter 2: The role of human dignity and human rights for biolaw: It examines how fundamental human rights and the concept of human dignity serve as the primary normative framework for modern biolegal rules.
Chapter 3: The precautionary principle: This chapter analyzes the precautionary principle as a core mechanism for managing risks in scientific and medical advancement.
Chapter 4: UNESCO’s Declaration on the Human Genome: The text evaluates the significance and impact of this specific international declaration in regulating genetic research.
Chapter 5: Universal Declaration on Bioethics and Human Rights: It explores the scope and the critical importance of this instrument in establishing global bioethical standards.
Chapter 6: Convention on Human Rights and Biomedicine: The author discusses the Council of Europe’s landmark treaty, often called the Oviedo Convention, and its role as a binding international standard.
Chapter 7: Gene databases: This section addresses the specific legal and privacy challenges associated with the collection and storage of genetic data.
Chapter 8: The right not to know: The chapter explores the emerging legal and ethical right of individuals to remain uninformed about their own medical conditions or genetic risks.
Chapter 9: Biomedical research in the context of Council of Europe and EU legislation: It highlights the differences and potential conflicts between Council of Europe treaties and European Union legislation in the regulation of medical research.
Chapter 10: Advance directives: The final chapter covers the legal regulation of end-of-life decisions and the importance of ensuring legal certainty for patients regarding future medical interventions.
Keywords
Biolaw, Bioethics, Human Rights, International Law, UNESCO, Council of Europe, Human Dignity, Precautionary Principle, Gene Databases, Advance Directives, Oviedo Convention, Medical Law, Biomedical Research, Legal Theory, Patient Rights.
Frequently Asked Questions
What is the core focus of the reviewed work?
The work provides a critical commentary on Roberto Andorno’s book "Principles of International Biolaw," analyzing its effectiveness as a legal text that bridges the gap between bioethical philosophy and international law.
What are the primary thematic areas explored?
The themes include the evolution of biolaw, the influence of international bodies like UNESCO and the Council of Europe, and the regulation of specific bioethical issues such as genetic research and end-of-life decisions.
What is the main objective of the publication?
The objective is to provide a synthesis of existing international biolegal rules while demonstrating the necessity of a structured, principle-based approach to medical law.
Which scientific or legal methods are highlighted?
The author emphasizes a comparative legal approach, examining how international treaties and institutional declarations function to harmonize diverse national legal perspectives.
What subjects are covered in the main body of the work?
The main body covers foundational principles, institutional declarations (UNESCO), regional treaties (Oviedo Convention), and specific case studies like gene databases and advance directives.
Which key terms define the discipline of biolaw?
Key terms include human dignity, the precautionary principle, biolegal norms, legal certainty, and the intersection of human rights and biomedical practice.
How does the author distinguish between bioethics and biolaw?
The author clarifies that while bioethics may involve philosophical or fuzzy discussions, biolaw consists of hard, binding legal rules found in ordinances and treaties.
Why is the Council of Europe's role in biolaw emphasized?
The Council of Europe is highlighted because it has taken a leading role in creating binding international treaties in the field, such as the Convention on Human Rights and Biomedicine.
How are "living wills" treated within the legal framework?
They are discussed as "advance directives," focusing on the patient's need for legal certainty when making decisions about potential future medical emergencies.
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- Stefan Kirchner (Autor:in), 2013, Biolaw Today. A Comment on “Principles of international biolaw" by Roberto Andorno, München, GRIN Verlag, https://www.grin.com/document/312481
