The Cartagena Protocol on Biosafety: Effective Regulations or Merely an Empty Gesture?

Abstract

In early 2000, most of the nations of the world gathered in Montreal, Canada, in an attempt to finish some leftover business. Strained by appeals from both sides of a heated debate, negotiators worked until the first light of morning shone down on their convention. They had finally reached some common ground. With a flair for the dramatic, negotiations in Montreal continued until five in the morning on January 29 of this year, with 130 nations finally agreeing to a Protocol for the transboundary movement of living modified organisms (LMO).1 The Biosafety Protocol2 has its roots in the Convention on Biological Diversity, which originated at the Earth Summit in Rio de Janeiro in 1992.3 Actual negotiations began in 1996 but reached a head in Cartagena in 1999 when several nations, including the United States, rejected a final proposal.4 Finally, after several of the provisions had been watered down, the Americans and supporters signed off on the Protocol.5 This article addresses the possible effects of the new Biosafety Protocol and what it means to international trade and the future of biotechnology. The second part gives a detailed overview of the provisions of the Protocol, providing some definition and clarity in a very ambiguous document. The third part examines the immediate reception of the Protocol around the world and in the United States, demonstrating the variance in opinion as to its quality. Finally, the article concludes with an outlook for future effects on trade and biotechnology. THE CARTAGENA BIOSAFETY PROTOCOL: AN OVERVIEW