Biosafety Regulation Trends in Southern and Southeastern Asia

2005 ◽  
Vol 2 (5) ◽  
Author(s):  
Glen Kurokawa ◽  
Darryl Macer
Keyword(s):  
Adverse Effects ◽  
Human Health ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Adequate Level ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Modern Biotechnology ◽  
Environmental Agreement ◽  
Living Modified Organisms

AbstractIntroductionBiosafety is becoming an ever increasingly important issue as more varieties and greater numbers of living modified organisms (LMOs) move across territorial boundaries. The Cartagena Protocol on Biosafety is a multilateral environmental agreement (MEA) that, at its core, attempts to strike a balance between trade interests in biotechnology and protection of biological diversity. Article 1 of the Protocol succinctly summarizes its objectives: “to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health and specifically focusing on transboundary movements”.

scholarly journals The Definition of Damage Resulting from Transboundary Movements of Living Modified Organisms in Light of the Cartagena Protocol on Biosafety

2010 ◽  
Vol 47 ◽  
pp. 319-342
Author(s):  
Juan-Francisco Escudero Espinosa
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Preventative Measures ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Living Modified Organisms ◽  
Definition Of ◽  
Extent Of Damage ◽  
International Instruments ◽  
Liability And Redress

SummaryThe concept of risk requires preventative measures as well as measures of liability and redress in the case that damage is actually caused. The Cartagena Protocol on Biosecurity limits itself in Article 27 to the establishment of a mandate for the elaboration of norms and procedures in regard to liability and redress. The fulfillment of this mandate requires, first, a definition of the concept of damage to the conservation and sustainable use of biological diversity; second, a survey of the extent of damage to health; and, third, the consideration of socio-economic aspects. In this context, this article analyzes the concept of damage in the international instruments that deal with this material, taking into account levels of implantation. The article concludes by presenting a definition of damage for use in the context of the development of the content of Article 27, using an administrative focus in regard to the concept of damage for civil liability in domestic law.

scholarly journals The regulatory system in the EU and further afield

10.5912/jcb80 ◽  
2004 ◽  
Vol 10 (3) ◽  
Author(s):  
Julian Kinderlerer
Keyword(s):  
Genetic Engineering ◽  
Human Health ◽  
Biological Diversity ◽  
New Technologies ◽  
New Products ◽  
Regulatory System ◽  
Potential Benefits ◽  
Modern Biotechnology ◽  
Living Modified Organisms ◽  
The Eu

The regulation of modern biotechnology began almost as soon as the potential benefits and risks became clear. In some countries a decision was made to use current law to address the new technologies, arguing that the changes that are able to be introduced into new products are not substantially different from those introduced by other techniques. In other jurisdictions new law was enacted to ensure that the products are at least as safe (or as some would have it, safer) than those currently on the market.New treaties that have attracted widespread support among 'consumer' countries and indifference or hostility among 'producer' countries have just come into force, requiring countries to address the regulation of biotechnology and assess the risks to biological diversity and to human health of introducing living modified organisms into their territory.Public perception of genetic engineering has led to changes in the regulatory system, which may not be justified by the risks posed by this technology. In particular, the national and international requirements that have been currently agreed require an analysis of risk only rather than a balancing of risk with the benefits that may accrue.

scholarly journals Malaysia Biosafety Act 2007 and Cartagena Protocol on Biosafety: A critical comparative analysis

2016 ◽  
Author(s):  
Kok-Gan Chan
Keyword(s):  
Legal Framework ◽  
Regulation System ◽  
Domestic Markets ◽  
The Past ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Food And Feed ◽  
International Trading ◽  
Modern Biotechnology ◽  
Living Modified Organisms

Advancement of modern biotechnology has wide impact on various industries. Modern biotechnology in the past has gone unregulated but the responsible use of biotechnology is the main focus worldwide. The most important living modified organisms (LMOs) regulatory framework is the Cartagena Protocol on Biosafety. This Protocol provides guidelines for the national legal framework. This paper aimed to perform comparative studies on Malaysia Biosafety Act 2007 and the Cartagena Protocol on Biosafety. The results show that while certain clauses in the Protocol are highly similar, and some proviso in the Biosafety Act 2007 are broader in scope, and conversely, certain clauses of the Protocol are well reflected in the Biosafety Act 2007. It is submitted that in overall perspective, Biosafety Act 2007 is consistent with the Protocol. It is concluded that Malaysia biosafety regulation system satisfies this international requirement. However, with regards to enforcement of this Act, it remains unanswered, as no precedent has been reported. Interestingly, non-compliance of some proviso in the Biosafety Act 2007 will result in criminal penalty, and its impacts on the research and development in the biotechnology industry, commercial investment from abroad and domestic markets, and international trading of LMOs as food and feed, remain to be seen.

scholarly journals Malaysia Biosafety Act 2007 and Cartagena Protocol on Biosafety: A critical comparative analysis

2016 ◽  
Author(s):  
Kok-Gan Chan
Keyword(s):  
Legal Framework ◽  
Regulation System ◽  
Domestic Markets ◽  
The Past ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Food And Feed ◽  
International Trading ◽  
Modern Biotechnology ◽  
Living Modified Organisms

Advancement of modern biotechnology has wide impact on various industries. Modern biotechnology in the past has gone unregulated but the responsible use of biotechnology is the main focus worldwide. The most important living modified organisms (LMOs) regulatory framework is the Cartagena Protocol on Biosafety. This Protocol provides guidelines for the national legal framework. This paper aimed to perform comparative studies on Malaysia Biosafety Act 2007 and the Cartagena Protocol on Biosafety. The results show that while certain clauses in the Protocol are highly similar, and some proviso in the Biosafety Act 2007 are broader in scope, and conversely, certain clauses of the Protocol are well reflected in the Biosafety Act 2007. It is submitted that in overall perspective, Biosafety Act 2007 is consistent with the Protocol. It is concluded that Malaysia biosafety regulation system satisfies this international requirement. However, with regards to enforcement of this Act, it remains unanswered, as no precedent has been reported. Interestingly, non-compliance of some proviso in the Biosafety Act 2007 will result in criminal penalty, and its impacts on the research and development in the biotechnology industry, commercial investment from abroad and domestic markets, and international trading of LMOs as food and feed, remain to be seen.

The Cartagena Protocol on Biosafety and Shifts in the Discourse of Precaution

2005 ◽  
Vol 5 (4) ◽  
pp. 25-46 ◽  
Author(s):  
Peter Andrée
Keyword(s):  
Genetically Modified Organisms ◽  
Biological Diversity ◽  
New Technologies ◽  
Convention On Biological Diversity ◽  
Spongiform Encephalopathy ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Discursive Politics ◽  
Policy Fields ◽  
And Shifts

The precautionary principle is increasingly recognized as an important tool in multilateral environmental policy making, even as its practical implications remain the subject of intense debate. Drawing on Foucault's reading of discursive politics, this paper traces the emergence and effects of a specific framing of a precautionary response to new technologies found in the 2000 Cartagena Protocol on Biosafety to the Convention on Biological Diversity. This international treaty enables states to restrict imports of specific classes of genetically modified organisms (GMOs), even if the extent of the harm they may cause remains uncertain. This particular framing of precaution in an environmental treaty is novel for its application to technologies yet to be demonstrated as harmful, and can only be understood in the context of the contentiousness of controversies over GMOs, bovine spongiform encephalopathy (BSE), and hormone-injected beef in the 1990s. At the same time, what might be termed the “Cartagena discourse of precaution” has already had productive effects on a variety of other policy fields including the regulation of persistent organic pollutants and pesticides.

scholarly journals Disharmonized the Regulation of Biological Resources and its Ecosystem in Indonesia

2020 ◽  
Vol 10 ◽  
pp. 332-340
Author(s):  
Sumurung P. Simaremare ◽  
◽  
Muhammad Dzikirullah H. Noho ◽  
Keyword(s):  
Natural Resources ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Constitutional Court ◽  
State Control ◽  
Library Research ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Materials Used ◽  
Definition Of

The goal of state control over natural resources is an anticipatory step to avoid the widest possible use by individuals or legal entities as a means of oppression and exploitation of others. However, in reality, many regulations overlap and are not in harmony with one another. The author of this study uses normative juridical research. The definition of normative juridical is a type of research that emphasizes more on library research, where the materials used will be obtained from laws, literature, mass media, which are related to writing materials. This study found that the arrangement of living natural resources in Indonesia that is less harmonious is: a. Law Number 21 of 2004 concerning Ratification of the Cartagena Protocol On Biosafety To The Convention On Biological Diversity and b. Constitutional Court Decision No.35/PUU-X/2012.

Recent development in the field of international liability regimes to tackle environmental risks

2005 ◽  
Vol 52 (6) ◽  
pp. 51-57 ◽  
Author(s):  
J. Bally
Keyword(s):  
Civil Liability ◽  
Negotiation Process ◽  
Industrial Accidents ◽  
Cartagena Protocol On Biosafety ◽  
Baia Mare ◽  
Cartagena Protocol ◽  
One Step ◽  
Living Modified Organisms ◽  
International Liability ◽  
Liability And Redress

The polluter-pays principle requires States to take any actions that may be necessary to ensure that polluters bear the full environmental and social costs of their activities. One step to implement this principle is the development of regulations on environmental Civil Liability. The adoption of the UN-ECE Protocol on Civil Liability and Compensation for Damage caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters (Kiev Protocol) in May 2003 was the result of a three-year negotiation process undertaken in the aftermath of the Baia Mare accident in Romania. The accident caused transboundary water pollution in the downstream countries Hungary and Yugoslavia. Owing to the absence of applicable liability rules, no compensation was ever paid for the damage caused by the pollution. The Cartagena Protocol on Biosafety mandates the Parties to establish rules and procedures in the field of liability and redress. Here there is likely to be a longer negotiation process before an agreed regime on liability and redress for damage arising from the use of living modified organisms (LMOs) becomes available, owing to the complexity and the particularities of gene technology.

Sign in / Sign up

Export Citation Format

Share Document