HOW TO KEEP OUT WHAT WE DONT WANT - AN ASSESSMENT OF SOZIALVERTRAGLICHKEIT UNDER THE AUSTRIAN GENETIC-ENGINEERING ACT

National regulations for new science and engineering projects are ofte n drawn up on foundations that refer to the current 'state of the art' . However, this approach suffers from the fundamental problem, among o thers, that science progresses quickly, and models for the development of science have only limited predictive ability. Assessing the risk a ssociated with a project therefore becomes a complex problem; and so n on-scientific criteria can not be excluded from the decision-making pr ocess. An example of such non-technical criteria can be found in Austr ian regulations on genetic engineering where: 'products containing or consisting of genetically engineered organisms must not create any ''S oziale Unvertraglichkeit'' [social unsustainability], no 'unbalanced b urden on society or social groups' that is unacceptable for economic, social or moral reasons.' The aim of this paper is to investigate the implications of this provision. The paper begins with a discussion of the fundamental issues of regulating genetic engineering at a national level, then examines the evolution of the Austrian Genetic Engineerin g Act, and critically assesses the term 'Sozialvertraglichkeit'. Havin g examined various mechanisms whereby non-scientific criteria can be i ncluded in the decision-making process, the paper argues that Sozialve rtraglichkeit can be interpreted as a constructive answer to the probl ems of a risk society.