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Original Articles

MANAGING BIORISKS:

Considering Codes of Conduct

Pages 211-226 | Published online: 11 Dec 2006
 

Abstract

The misuse of biological research is increasingly becoming a prominent policy concern. One regulatory measure that has gained considerable support over the last few years in response to this is voluntary self-governance by the scientific community, and in particular codes of conduct. This article charts the rise of the policy debate on codes, highlighting the involvement of the scientific community. Shifting the focus from policy to practice, it explores the effectiveness of codes of conduct as a regulatory measure by examining our experiences of how another voluntary self-governance regime in the biosciences has worked in practice. Noting limitations with voluntary self-governance as a regulatory tool to prevent misuse, this article includes a reflection on the attention paid to codes of conduct in policy discussions, arguing that there are at least three possible interpretations.

Notes

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4. Compare, for example Niklas Luhmann, Risk: A Sociological Theory (New York: A. de Gruyter, 1993) and Mary Douglas and Aaron B. Wildavsky, Risk and Culture: An Essay on the Selection of Technical and Environmental Dangers (Berkeley: University of California Press, 1982).

5. U.S. Dept. of Health, Education and Welfare (HEW), Classification of Etiologic Agents on the Basis of Hazard, Public Health Service, 1969.

6. National Institutes of Health (NIH), NIH Guidelines for Research Involving Recombinant DNA Molecules, 1976; HEW, Biosafety in Microbiological and Biomedical Laboratories(Public Health Service, 1984); National Research Council (NRC), Biosafety in the Laboratory: Prudent Practices for the Handling and Disposal of Infectious Materials, 1989.

7. White House, Press Release, Nov. 1, 2001, “President's Statement on Biological Weapons,” <www.whitehouse.gov/news/releases/2001/11/20011101.html>.

8. Graham S. Pearson, “Report from Geneva: Quarterly Review No. 17,” CBW Conventions Bulletin No. 54 (Dec. 2001), p. 16, <http://fas-www.harvard.edu/∼hsp/bulletin/cbwcb54.pdf>.

9. Fifth Review Conference of the States Parties to the Biological Weapons Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, Geneva, Nov. 19–Dec. 7, 2001 and Nov. 11–22, 2002, Final Document, UN document BWC/CONF.V/17, p. 4, <www.opbw.org/rev_cons/5rc/docs/final_dec/BWC-CONF.V-17-(final_doc).pdf#search=%22BWC%2FCONF.V%2F17%22>.

10. Secretary of State for Foreign and Commonwealth Affairs, Strengthening the Biological and Toxin Weapons Convention: Countering the Threat from Biological Weapons, Cm 5484 (London: The Stationery Office, April 2002), p. 15.

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12. House of Commons Science and Technology Committee, The Scientific Response to Terrorism, HC 415-I, Nov. 6, 2003, para. 212.

13. for example, Royal Society, Scientific aspects of control of biological weapons (London: Royal Society, 1994); Royal Society, Measures for controlling the threat from biological weapons (London: Royal Society, 2000); Royal Society, Submission to the Foreign and Commonwealth Office Green Paper on strengthening the Biological Weapons Convention (London: Royal Society, 2002); Royal Society, The individual and collective roles scientists can play in strengthening international treaties, RS policy document 5/04 (London: Royal Society, 2004); Royal Society, Do no harm: reducing the potential for the misuse of life science research, RS policy document 29/04, (London: Royal Society, 2004); Royal Society, Issues for discussion at the 2005 Meeting of Experts of the Biological and Toxin Weapons Convention, RS policy document 04/05, (London: Royal Society, 2005).

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17. Institute of Medicine and National Research Council, Globalization, Biosecurity, and the Future of the Life Sciences (Washington, DC: National Academies Press, 2006) p. 191.

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24. British Medical Association, Biotechnology, Weapons and Humanity (London: Harwood Academic Publishers, 1999), p. 101.

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27. UNESCO, “Code of conduct for scientists,” presentation to the BWC Meeting of Experts, Geneva, June 13, 2005, <www.biosecuritycodes.org>; Appeal of the International Committee of the Red Cross on Biotechnology, Weapons and Humanity, Geneva, Sept. 2002.

28. United Nations, Press Release DC/2973, June 24, 2005, “Biological Weapons Convention Expert Meeting Concludes.”

29. Draft Report of the Meeting of States Parties to the Biological Weapons Convention, United Nations document BWC/MSP/2005/CRP.1, paras. 18–23.

30. Draft Report of the Meeting of States Parties to the Biological Weapons Convention, United Nations document BWC/MSP/2005/CRP.1, paras. 18–23.

31. Brian Rappert, “Towards a life science code: Countering the threats from biological weapons,” The University of Bradford Department of Peace Studies Briefing Papers (Second Series) No. 13 (2004).

32. See Roger Cotterrell, ed., Law and Society (Aldershot, UK: Dartmouth, 1994); Roger Cotterell, The Sociology of Law: An Introduction, 2nd ed. (London: Butterworths, 1992); Lawrence Friedman “The Law and Society Movement,” Stanford Law Review 38 (1986), pp. 763–780; F.J. Levine, “Goose Bumps and ‘The Search for Signs of Intelligent Life’ in Sociolegal Studies: After Twenty-five Years,” Law & Society Review 24 (1990), pp. 7–33; Susan S. Silbey and Austin Sarat, “Critical Traditions in Law and Society Research,” Law & Society Review 21 (1987), pp. 165–174.

33. Robert A. Kagan, “Editor's Introduction: Understanding Regulatory Enforcement,” Law & Policy 11 (1989), p. 91.

34. Diana B. Dutton and John L. Hochheimer, “Institutional biosafety committees and public participation: assessing an experiment,” Nature 297 (May 6, 1982), pp. 11–15.

35. The Sunshine Project, “Mandate for Failure: The State of Institutional Biosafety Committees in an Age of Biological Weapons Research,” The Sunshine Project, 2004, <www.sunshine-project.org/biodefense/ibcreport.html>.

36. The Sunshine Project, “Mandate for Failure: The State of Institutional Biosafety Committees in an Age of Biological Weapons Research,” The Sunshine Project, 2004, <www.sunshine-project.org/biodefense/ibcreport.html>., p. 7, for the evaluation criteria developed to assess the IBC meeting minutes.

37. Mary Osborn, “Free and unhampered movement of scientists of all nations is essential for the advancement of science and for developing a consensus on ethical standards,” statement on behalf of International Union of Biochemistry and Molecular Biology, presentation to the BWC Meeting of Experts, Geneva, June 15, 2005.

38. Ernst & Young, “Resurgence: The Americas Perspective,” Global Biotechnology Report 2004, (Ernst & Young, 2004), p. 6.

39. The Sunshine Project, “Mandate for Failure.

40. Senior Director of Risk Mitigation Services at a California-based biotech firm (name withheld by request), interview by author, May 27, 2004.

41. Susan Wright, Molecular Politics: Developing American and British Regulatory Policy for Genetic Engineering, 1972–1982 (Chicago: The University of Chicago Press, 1994), p. 114.

42. Matthew Meselson and Julian Perry Robinson, “Preventing the Hostile Use of Biotechnology: The Way Forward Now,” CBW Conventions Bulletin Issue No. 57 (Sept. 2002), <http://fas-www.harvard.edu/∼hsp/bulletin/cbwcb57.pdf>.

43. Judith Miller, Stephen Engelberg, and William Broad, Germs: Biological Weapons and America's Secret War (New York: Simon & Schuster, 2002).

44. Miller et al., Germs.

45. Meselson and Robinson “Preventing the Hostile Use of Biotechnology,” p. 1.

46. for example, Jeanne Guillemin, Biological Weapons: From the Invention of State-Sponsored Programs to Contemporary Bioterrorism (New York: Columbia University Press, 2005); Mark Wheelis and Malcolm Dando “On the Brink: Biodefence, Biotechnology and the Future of Weapons Control,” CBW Conventions Bulletin Issue No. 58 (Dec. 2002), B/http://fas-www.harvard.edu/∼hsp/bulletin/cbwcb58.pdf>.

47. Erika Check, “Synthetic biologists try to calm fears,” Nature 441 (May 25, 2006), p. 388.

48. Guillemin, Biological Weapons.

49. Wheelis and Dando, “On the Brink,” p. 4.

50. Wheelis and Dando, “On the Brink,” p. 5.

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