The Precautionary Principle and the Protection of Biological Diversity

Abstract

Trade in safe and healthy foods is essential for businesses, authorities and consumers throughout the world. When drafting food policies, states should ensure that they provide protection for people’s lives and health, as well as saving social and economic interests on a national and international level. Over the last few decades, scientific developments and technological innovations have enabled us to achieve extraordinary successes in our mastery of technology with a view to improving our quality of life. In this context, biotechnology has opened up a wealth of solutions to problems in sectors such as healthcare, industry, agriculture and the environment. Perhaps the greatest challenge facing humankind is to achieve sustained global economic growth while ensuring environmental protection and conservation and food security for future generations. Environmental policy is today one of the most important social challenges for public authorities and economic agents. It is a very sensitive issue in public opinion as it directly affects well-being and health. The precautionary principle, for its part, arises as a consequence of seeking to protect the environment and human health against certain activities characterized by scientific uncertainty about their possible consequences. The precautionary principle is conceived as the axiom on which environmental policy is based. The most characteristic feature of this principle is that it can be the basis for decisions to derogate from a legal regime that would in principle be applicable. In my research for this manuscript, I have carried out an exhaustive analysis of the precautionary principle in the area of biodiversity, with specific regard to LMOs. To do so, it was necessary to examine the legal, theoretical and jurisprudential aspects of the topic on several levels. This study is divided into three sections. The first offers a legal approach to the precautionary principle, in which the essential elements are analyzed. The second section is devoted to analyzing the precautionary principle in the area of International Agreements. This study would be complete analyzing the risk, damage and scientific uncertainty. The new challenges facing the international community in the area of encouraging fair and equitable participation in the profits obtained from the use of genetic resources are discussed, in the light of the Nagoya Protocol, and a new Protocol concerned with international liability, the Nagoya-Kuala Lumpur Protocol. These Protocols are of great interest, as they provide greater legal security and transparency in the area of LMOs.