Liability, redress and the Cartagena Protocol

Abstract

One of the most contentious issues in global biodiversity law pertains to liability and redress for potential harm caused to biodiversity by transboundary transfers of genetically modified organisms (GMOs). This chapter analyses the status of international law regarding GMO-related liability and redress, as enshrined in the 2010 ‘Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress’, under the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. It reviews the current state of knowledge regarding liability and redress for GMO-related harm adopted by the Supplementary Protocol, which privileges an administrative approach to liability and redress, with very limited inclusion of civil liability. We conclude by highlighting gaps in current knowledge and a future research agenda, including implementation challenges arising from the Supplementary Protocol, and the prospects for further developing international and domestic law on civil liability for harm from GMOs.