2005 ◽  
Vol 5 (4) ◽  
pp. 25-46 ◽  
Author(s):  
Peter Andrée

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.


2020 ◽  
Vol 10 ◽  
pp. 332-340
Author(s):  
Sumurung P. Simaremare ◽  
◽  
Muhammad Dzikirullah H. Noho ◽  

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.


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