A Liability Regime For Damage Caused By Transboundary Movement Of Genetically Modified Organisms
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A Liability Regime For Damage Caused By Transboundary Movement Of Genetically Modified Organisms
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Author : Giai-Mau Ma
language : en
Publisher:
Release Date : 2004
A Liability Regime For Damage Caused By Transboundary Movement Of Genetically Modified Organisms written by Giai-Mau Ma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Environmental law categories.
International Liability Regime For Biodiversity Damage
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Author : Akiho Shibata
language : en
Publisher: Routledge
Release Date : 2014-03-26
International Liability Regime For Biodiversity Damage written by Akiho Shibata and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Law categories.
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.
Damage Caused By Genetically Modified Organisms
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Author : Bernhard A. Koch
language : en
Publisher: Walter de Gruyter
Release Date : 2010
Damage Caused By Genetically Modified Organisms written by Bernhard A. Koch and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate. Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.
Developing A Liability And Redress Regime Under The Cartagena Protocol On Biosafety
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Author : Gurdial Singh Nijar
language : en
Publisher:
Release Date : 2000
Developing A Liability And Redress Regime Under The Cartagena Protocol On Biosafety written by Gurdial Singh Nijar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Genetically Modified Organisms
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Author : K. D. Raju
language : en
Publisher: The Energy and Resources Institute (TERI)
Release Date : 2007-01-01
Genetically Modified Organisms written by K. D. Raju and has been published by The Energy and Resources Institute (TERI) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Science categories.
The scientific controversies involving genetic science and ?biosafety? Have not been well understood by many. All claims about GMOs (genetically modified organisms) or LMOs (living modified organisms) are under controversy. The Cartagena Protocol is the first international agreement to regulate the transboundary movement of GMOs. Under the Convention on Biological Diversity, 190 countries agreed on the importance and concern over the spread and cross-border transfer of GMOs and their risks to environment and human health. Consequently, in 2000, they adopted the Cartagena Protocol to address the possible risks of GMOs. The protocol is an important step in the protection of biodiversity and biosafety. The concern of developing countries are not shared by the developed countries like the US, Canada, and Mexico. These countries produce more than 90% of the LMO crops and they are not ratified by the protocol. The protocol explicitly stipulates that countries should take precautionary measures to prevent GMOs from causing harm to biodiversity and human health.Members have to implement the protocol provisions at the domestic level. There are heated debates in India whether to allow the cultivation of GMOs? The civil society organizations are opposing the entry of multinational companies in the field trial of GMOs. In this scenario, a systematic review of the international legal regime to formulate a comprehensive policy on the subject in India is the need of the hour.
Self Spreading Biotechnology And International Law
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Author : Felix Beck
language : en
Publisher: Nomos Verlag
Release Date : 2022-11-22
Self Spreading Biotechnology And International Law written by Felix Beck and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-22 with Law categories.
Wer haftet, wenn sich selbst ausbreitende Gentechnik grenzüberschreitende Schäden verursacht? Mit Gene Drives und ähnlichen Verfahren wird es bald möglich sein, das Erbgut wild lebender Arten, Keime und Nutzpflanzen direkt in der Umwelt zu verändern. Dies könnte helfen, drängende Probleme in der öffentlichen Gesundheit, im Naturschutz und in der Ernährungssicherheit zu lösen. Allerdings bergen diese Verfahren auch das Risiko einer unkontrollierten Ausbreitung über Staatsgrenzen hinweg. Anhand einer grundlegenden Untersuchung der einschlägigen Verträge und des Völkergewohnheitsrechts zu Prävention und Haftung für grenzüberschreitende Schäden wird aufgezeigt, dass das derzeit geltende Völkerrecht dieser Herausforderung noch nicht gewachsen ist.
Liability And Redress For Damage Caused By The Transboundary Movement Of Living Modified Organisms Lmos Under The Cartagena Protocol On Biosafety
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Author : Palamagamba John Kabudi
language : en
Publisher:
Release Date : 2004
Liability And Redress For Damage Caused By The Transboundary Movement Of Living Modified Organisms Lmos Under The Cartagena Protocol On Biosafety written by Palamagamba John Kabudi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Transgenic organisms categories.
Liability Aspects Related To Genetically Modified Food Under The Food Safety Legislation In India
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Author : S. Balashanmugam
language : en
Publisher:
Release Date : 2016
Liability Aspects Related To Genetically Modified Food Under The Food Safety Legislation In India written by S. Balashanmugam and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The question of legal liability over injury arising out of the import and the introduction of GM food emerges as a crucial issue confronting to promote GM food and its derivatives. There is a greater possibility of commercialized GM food from the exporting country to enter importing country where status of approval shall not be same. This necessitates the importance of fixing a liability mechanism to discuss the damage, if any, occurs at the level of transboundary movement or at the market. There was a widespread consensus to develop the Cartagena Protocol on Biosafety and to give for a dedicated regime on liability and redress in the form of Nagoya Kuala Lumpur Supplementary Protocol on the Liability and Redress ('N-KL Protocol') at the international context. The national legal frameworks based on this protocol are not adequately established in the prevailing food legislations of the developing countries. The developing economy like India is willing to import GM food and its derivatives after the successful commercialization of Bt Cotton in 2002. As a party to the N-KL Protocol, it is indispensable for India to formulate a legal framework and to discuss safety, liability, and regulatory issues surrounding GM foods in conformity to the provisions of the Protocol. The liability mechanism is also important in the case where the risk assessment and risk management is still in implementing stage. Moreover, the country is facing GM infiltration issues with its neighbors Bangladesh. As a precautionary approach, there is a need to formulate rules and procedure of legal liability to discuss any kind of damage occurs at transboundary trade. In this context, the proposed work will attempt to analyze the liability regime in the existing Food Safety and Standards Act, 2006 from the applicability and domestic compliance and to suggest legal and policy options for regulatory authorities.
International Environmental Liability And Barriers To Trade
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Author : Kareen L. Holtby
language : en
Publisher: Edward Elgar Publishing
Release Date : 2007
International Environmental Liability And Barriers To Trade written by Kareen L. Holtby and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Trade and the environment has become a major issue in international relations, yet the surrounding debate is polarised and hostile. On the one hand international trade is perceived as a major threat to environmental sustainability, whilst on the other trade and the economic development arising from it is seen as the prerequisite to stronger environmental protection. Nowhere is the debate more acrimonious than over trade in genetically modified organisms. The Biosafety Protocol has been negotiated to govern trade in genetically modified products and includes provisions for an international liability regime to facilitate trade - a subject that has been little studied. This valuable book explores the role, design and potential effectiveness of an international liability regime and will be an essential read to all those interested in international trade policy, environmental economics, international politics and international law.
An Explanatory Guide To The Cartagena Protocol On Biosafety
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Author : Ruth Mackenzie
language : en
Publisher: IUCN
Release Date : 2003
An Explanatory Guide To The Cartagena Protocol On Biosafety written by Ruth Mackenzie and has been published by IUCN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Biodiversity conservation categories.
This guide has been prepared by the IUCN Environmental Law Programme and the Foundation for International Environmental Law and Development (FIELD), in cooperation with the World Resources Institute (WRI). The main goal of the guide is to facilitate the understanding of the obligations of Parties to the Protocol, by providing an information base on the content and origin of the Protocol provisions, accessible to the non-specialist and useful for those who will be involved in the development and implementation of national safety frameworks.