Liability for Transboundary Damage of Genetically Modified Organisms: Existing Patterns and Application

Abstract

Normative analysis found that for the application of liability for transboundary damage to genetically modified organisms, there are currently three liability patterns: traditional state liability, private law liability, and liability for transboundary damage. It will not be an effective solution to the problem of penalty for damages, if the above liability patterns apply to transboundary damage of genetically modified organisms separately. And this approach is inconsistent with the legal principles of relevant international law and judicial practice. So this article uses method of legal interpretation to analyze and interpret the provisions of Convention on Biological Diversity, The Cartagena Protocol on Biosafety and The Nagoya-Kuala Lumpur Supplementary Protocol to clarify the true meaning of the provisions in depth, and eliminate errors and omissions. At the same time, this article uses the method of theoretical analysis to analyze the existing liability patterns. Finally, we found, the principle of timely and adequate compensation for victims should be implemented in complex realities, and genetically modified damage should be dealt with and in accordance with the attributes of damage, causation and other factors. According to these factors, we will divide transboundary damage of genetically modified organisms into three types: intentional transboundary movement, unintentional transboundary movement and illegal transboundary movement. To divide the transboundary damage to genetically modified organisms and apply different liability patterns according to different situations should be the best approach.