Agricultural Biotechnology: Legal Liability Regimes from Comparative and International Perspectives

Abstract

As agricultural biotechnology has become an agronomic alternative, discussion has emerged about what legal liabilities, if any, exists for those who create, distribute, and produce transgenic seeds and crops. Many governments have debated legal liability as related to agricultural biotechnology. In this article, the authors offer fresh insights on legal liability from comparative law and international law perspectives. The article begins by comparing Canadian and American legal liability regimes in agricultural biotechnology. Using this North American comparison as background, the article then discusses liability issues by contrasting the statutory regimes from Denmark and Germany. Once the comparisons and contrasts between Canadian, American, Danish, and German law have been presented, the article focuses on the on-going discussion of legal liability and agricultural biotechnology at the Meeting of the Parties (MOP) of the Cartagena Protocol on Biosafety (BSP). The authors posit that understanding the comparisons and contrasts between Canada, the United States, Denmark, and Germany assists greatly in understanding the issues and debates about legal liability and agricultural biotechnology at the international level in the BSP negotiations.