Abstract
For over six years now, the law has been central to policy debates about genetically modified organism (GMO) corn in México, the birthplace of maíz (corn). In the lawsuit Colectividad del Maíz, the domestic courts have shaped the policy on GMO corn. Out of concern for biodiversity, the courts have suspended regulatory approval for commercial GMO corn permits needed by seed companies. This article uses decolonial theory to examine how the law can both encourage and limit the use of GMOs. Decolonial perspectives isolate how economics, legal authorities, and ideologies work in unison to shape relations between the Global South and private interests. This is accomplished by defining the subject of any such legal regulations. Different legal doctrines treat GMOs in different and distinct ways. Under the doctrines of biosecurity, intellectual property, and international trade law, markets and biotechnology benefit as the subject of the law. Such doctrines disenfranchise maíz nativo (non-GMO corn) by making it the law’s object. The article also adopts Bruno Latour’s theory of “down to earth” politics to identify important changes in GMO regulations. Collective action litigation has limited the expansion of GMO corn via the application of precautionary principle measures and motivated new legislation in México.
Highlights
This article describes the dynamics of law and technology in controversies over genetically modified organism (GMO) corn and biodiversity in México, the birthplace of maíz.[1]
This article focuses on a collective action lawsuit, the Colectividad del Maíz, which is being litigated in domestic Mexican courts.[5]
In methodological terms, decolonial theory was used to identify how GMOs benefit from economic, legal, and conceptual assumptions. These domains work in unison to exert a transnational influence
Summary
This article describes the dynamics of law and technology in controversies over genetically modified organism (GMO) corn and biodiversity in México, the birthplace of maíz (corn).[1]. This article focuses on a collective action lawsuit, the Colectividad del Maíz, which is being litigated in domestic Mexican courts.[5] Since 2013, the courts have made orders temporarily suspending commercial GMO corn permits in México.[6] This article argues that the Colectividad del Maíz dispute represents a turning point that could potentially shift the course of México’s. Part I describes decolonial theory, the idea of coloniality, and its manifestation in economics, authority, and subjectivity It uses Latour’s proposal for “down to earth” politics as a way to identify relevant changes in maíz policy.[22] Part II explains how GMOs benefit from regulatory assumptions under Mexican law. These legislative efforts have attempted to counter support for GMO protections under the USMCA
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