Consistency of Assessment of Socio-Economic Considerations under the Cartagena Protocol on Biosafety with Other International Obligations

Abstract

Compliance with international obligations is the lynch-pin to the sustainability and success of international agreements, treaties and organizations. Without this compliance these bodies will fail to function, or at the very least experience a reduction in their functionality. As part of the process to develop biosafety legislation, the Cartagena Protocol on Biosafety, through Article 26, provides for the voluntary inclusion of socio-economic considerations. Crucial to this provision is that socio-economic consideration incorporation must be “consistent with [the parties] international obligations”. Numerous international agreements and protocol obligations are applicable to the various SEC factors that can be considered for inclusion. This article provides concise overviews of the most significant of the various international agreements relevant to the potential SEC factors and then offers a thorough discussion of the terms and commitments from parties to the CPB that are considering the inclusion of SEC factors into their domestic regulatory biosafety frameworks. This article clarifies the legal complexities of these commitments to international obligations and encapsulates the numerous obligations into a single source.