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Hastings International and Comparative Law Review

Abstract

United States pesticide manufacturers are exporting increasingly large amounts of pesticides which are banned or restricted for use in the United States. The use of these pesticides presents dire health and environmental consequences in the developing countries which import the pesticides. Current United States policy dealing with the problems raised by pesticide export stresses notification of recipient countries when such pesticides are exported. This Note contends that the notification policy is fundamentally flawed in that developing countries cannot make use of the information provided by the notification process. The Note suggests that a new policy of direct regulation is needed to reduce exports of banned pesticides, that direct regulation is no more paternalistic than alternative policies, and that only direct regulation ensures the performance of an appropriate risk/benefit analysis concerning the export of particular pesticides, taking into account the unique characteristics of importing countries.

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