Cartagena Protocol Research Articles

International Trade in GMOs and GM Products: National and Multilateral Legal Frameworks

This publication, one of a series of UNCTAD studies which discuss key international trade and development policy issues, focuses on the trade implications of the application of biotechnology techniques in agriculture and the use of genetically modified organisms (GMOs) and products derived from them. Topics considered include: domestic legislation on agro-biotechnology in selected developed and developing countries; the multilateral legal framework, including the Cartagena Protocol on Biosafety; actual and potential GM-related trade disputes.

Biotechnological potential of natural food grade biocolorants

Color becomes the most sensitive part of any commodity not only for its appeal but also it enhances consumer acceptability. In addition, the color of a food substance is important to indicate its freshness and safety that are also indices of good aesthetic and sensorial values. For natural color and additives, adherence to the norms of biosafety protocol, are limited. The demand for natural source of such compounds is increasing day by day because of awareness of positive health benefit out of natural compounds. It therefore, necessitates looking into natural sources of food grade colorants and their use potentials. It is found more justified to use the term biocolorant instead of biopigment. Since pigments are mostly water insoluble with exceptions of certain pigments of biological origin. This article includes the advancements of process development and other biotechnological aspects of natural food grade colorants.

Os limites do poder das empresas multinacionais: o caso do Protocolo de Cartagena

O objetivo primário deste trabalho é identificar os limites da influência das empresas multinacionais (EMNs) em processos multilaterais de negociação. A efetividade da defesa de seus interesses depende, basicamente, da confluência dos interesses entre os Estados e as empresas e depende da vulnerabilidade dos Estados em relação às atividades das empresas, bem como da capacidade relativa das coalizões que as empresas buscam influenciar. Em seguida, é reconhecida a limitação do poder de influência das EMNs através de uma extensão do modelo Frieden-Rogowsky, onde se propõe que os setores prejudicados pelo processo de internacionalização tendem, tanto em nível nacional quanto em nível transnacional, a se opor a ações políticas das EMNs. Finalmente, apresenta-se um estudo de caso sobre o Protocolo de Cartagena de Biosegurança, instrumento complementar à Convenção de Biodiversidade (CBD), que regulamenta os organismos geneticamente modificados (OGMs). Uma importante conclusão do trabalho é explicar as circunstâncias em que as EMNs operam como negociadoras, através de sua influência e da utilização de poder estrutural e brando, buscando formar coalizões transnacionais e incentivar a formação de coalizões entre Estados que defendam os seus interesses em contextos intergovernamentais.

Assessing the Implementation Effects of the Biosafety Protocol's Proposed Stringent Information Requirements for Genetically Modified Commodities in Countries of the Asia Pacific Economic Cooperation

We analyze the potential effects of a generalized implementation of the Cartagena Protocol on Biosafety's proposed stringent information requirements on countries, members of the Asia Pacific Economic Cooperation (APEC). This rule would request all traded shipments containing living modified organisms intended for food, feed, or processing to carry a label with the list of precise genetically modified (GM) events in the shipments. We find that the benefits of such requirements are largely debatable and that this regulation would add significant implementation costs for importers of GM crops, for Protocol members adopting new GM crops, and for countries ratifying the Protocol.

Review: Precautionary Politics: Principle and Practice in Confronting Environmental Risk, by Kerry H Whiteside

Review: Precautionary Politics: Principle and Practice in Confronting Environmental Risk By Kerry H Whiteside Reviewed by Elery Hamilton-Smith Charles Sturt University, Australia Kerry H Whiteside. Precautionary Politics: Principle and Practice in Confronting Environmental Risk. MIT Press, Cambridge, MA 2006. 182 pp. ISBN 978-0-262-23255-5 73179-9(pbk); US $20.00. In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation (Rio Declaration, 1992: 15). Those responsible for composing the now famous Rio Declaration on Environment and Development no doubt tried to be absolutely clear and unambiguous. They quite obviously did not see the extent to which the very ideas and words of this precautionary principle would prove to be the Trojan Horse of ambiguity. In due course, as the horse opened up to discharge its content, an evolving and costly political war was declared. Before entering into discussion of that war, it is worth noting that the precautionary principle has long held a place in human thought. Aristotle (Nicomachean Ethics, 1142:3) spoke of phronesis (practical wisdom) as “the science of what is just, fine and good for a human being” not as a branch of knowledge, but as quality in understanding and deliberation. Coming closer to the present day, the 19 th century German legal system recognised it in Vorsorgeprinzip. In the 1890s, it was invoked in Britain with regard to issues in public health. But it emerged in its present form at the 1972 Stockholm Conference and was formally identified as a principle at Rio in 1992. Since that time it has been strongly supported, particularly by environmentalists and the public health field and at the same time strongly criticized by various industries and governments. It has been more fully developed by the UN Convention on Climate Change, another on Prevention of Marine Pollution and the Cartagena Protocol developed under the auspices of the Convention on Biological Diversity. It has been adopted by the European Community, by the International Union for the Conservation of Nature and is now recognised in environmental law. But the debates over it have produced an immense body of journalism and professional publications. It is fair to say that the built-in ambiguities and great diversity of responses to it made it a vital issue in political debates, both within any one country and internationally. The largest confrontation is that over the use of genetically modified food crops, and Whiteside has used this as the central case study of his book. Since 1996, the efforts of the United States to export genetically modified (transgenic) crops to Europe have been blocked or delayed by the European community’s adherence to the precautionary principle. Specifically, this was “. . . not because the technology has been proven harmful, but because of uncertainties about its potential.” Some European governments eventually approved the entry of some plants, but even when Electronic Green Journal , Issue 26, Spring 2008 ISSN: 1076-7975

The World Trade Organization's Report on the EU's Moratorium on Biotech Products: The Wisdom of the US Challenge to the EU in the WTO

The World Trade Organization (WTO) recently ruled on the case brought by the US, Canada and Argentina against the moratorium imposed by the European Union (EU) on imports of genetically-modified (GM) food and crops. Although the WTO's ruling has been greeted by the complainant countries as a victory, it found in their favor on only one narrow technical procedural issue, and it rejected more substantive challenges to the EU moratorium. In this article, we analyze the WTO report and explain the issues at stake, focusing particularly on the question of why the USA chose the WTO as the forum for its challenge to the EU moratorium, and whether it was wise to do so. Has the USA achieved its aims through the trade-specific WTO, or should it have taken its challenge to the more hostile, but environment-specific forum of the Cartagena Protocol on Biosafety? Alternatively, should the USA have refrained from mounting an official international challenge at all?

Environmental risk assessment of genetically modified chrysanthemums containing a modified cry1Ab gene from Bacillus thuringiensis

Insect-resistant transgenic chrysanthemum plants expressing a modified cry1Ab gene of Bacillus thuringiensis were produced, and an environmental risk assessment of these plants was undertaken in preparation for release their into the field. These plants were examined for molecular profiles, morphological and growth characteristics, cross compatibility, production of allelopathic substances, and influence on soil microbes. The results showed that the insect-resistance trait of the GM chrysanthemum plants is stably integrated in the nuclear genome, and the expression of the mcbt gene did not cause significant differences in the morphological characteristics, the production of allelopathic substances, or the effect on soil microorganisms compared to non-GM chrysanthemums. However, because these plants have cross-compatibility with wild related species, they will be forbidden to be cultured in the open field under the Cartagena Protocol on Biosafety. Therefore, we are attempting to introduce a male and/or female sterility trait to GM chrysanthemums with insect resistance to reinforce their biosafety for the practical uses.

Recent progress on environmental biosafety assessment of genetically modified trees and floricultural plants in Japan

A broad spectrum of living modified organisms (LMOs) have been developed and commercial production of them have already been started. It is the global requirement to conduct environmental biosafety after the implementation of Cartagena Protocol on Biosafety. Environmental biosafety assessment is of cardinal importance even in confined field trials and at the deliberate release to an environment for practical uses. It is necessary to collect various categories of data prior to fields; not only about the morphological and physiological traits of the LMOs in some confined experimental facilities, but also about characteristics of host organisms in the natural habitat and field for intended releases. Environmental release of LMOs is possible only after collected information is examined systematically and comprehensively in a scientifically-sound manner, and target end-points of such uses are well-identified. Environmental biosafety assessments principally require case-by-case evaluation. Gene-flow, allelopathy and invasiveness are three key aspects in GM plants. In Japan, many crop species do not have their wild relatives due to their historical introduction from overseas. Furthermore, crops grow properly only under agricultural practices, and invasive weediness of these plants is very likely low. In contrast, floricultural plants and trees have related native species located around the fields that can cross with the transgenic counterparts in many cases. In this review, we examine the environmental biosafety assessment of LMO floricultural plants and trees enumerating the example of field trials in Japan, and describe concepts that should be noted for the commercial cultivation and environmental release of these species.

Biosafety Regulations and International Trade in Africa

Biosafety refers to a set of measures aimed at regulating and ensuring the safe use of genetic engineering and transnational movements of genetically modified organisms. It falls within the scope of the Cartagena Biosafety Protocol under the Convention of Biological Diversity that is intended to lay the foundation for a global system for assessing and managing the impact of genetic modified organisms on biodiversity. Most African governments believe that genetic engineering biotechnology is inherently safe, and only its misuse needs to be prevented. This is important as some products of modern biotechnology raise certain environmental safety issues.

The Cartagena Protocol: Implications for Regional Trade and Technology Development in Africa

The majority of African countries have ratified or acceded to the Cartagena Protocol on Biosafety, and many have received support through the Global Environment Facility and the UN Environment Programme for development of their National Biosafety Frameworks. This article examines the extent to which these frameworks are aligned with the goals of the Regional Economic and Regional Research Communities of which they are members. Many national approaches lack alignment with regional trade, economic, science and technology policies. The strict application of the precautionary principle and the imposition of costly administrative hurdles are likely to hinder intra‐regional trade and technology development.

The International Regulation of Genetically Modified Organisms: Uncertainty, Fragmentation, and Precaution

Summary: The regulation of genetically modified organisms (GMOs) is paradigmatic for the study of some of the most interesting features of contemporary international law. The main characteristics of this sector are: scientific uncertainty, multi-sectorality and multi-nationality. There are many different scientific opinions concerning GMOs and at the moment the possibility to determine a sound and common vision on the issue seems quite far from reach. At the same time, GM products affect various interests and goods, of public and private nature, such as agriculture, trade, health and environment protection, and consumer information. This means their diffusion would have a significant impact over a multiplicity of policy areas, often connected, sometimes conflicting. Finally, with the development of global trade, GMOs are a transnational commercial issue, which needs an impartial and agreed solution to their regulation. Starting from the uncertainty and the legal conflicts surrounding the regulation of GMOs, the article will deepen the problematic issues concerning sectorality and fragmentation in international law – taking as an instance the conflict between the Cartagena Biosafety Protocol and the Sanitary and Phytosanitary Agreement of the WTO – and, finally, it will consider the effect of the introduction of a soft version of the precautionary approach at the global level, namely, with reference to international administration of risk.

Organization and Legal Regimes Governing Seed Markets and Farmers' Rights in Ethiopia

AbstractIn 2005 the government of Ethiopia prepared many proclamations, regulations and guidelines dealing with biosafety, traditional knowledge and plant breeders' rights, with a view to implementing the Convention on Biological Diversity (CBD) and the Cartagena Protocol to the CBD on Biosafety (CPB), and to joining the World Trade Organization. In the course of the lengthy negotiations of the Food and Agriculture Organization International Treaty on Plant Genetic Resources for Food and Agriculture, the Ethiopian government decided not to include coffee in the list, annexed to the treaty, of plants covered by the multilateral system of facilitated germplasm flows. The purpose of this paper is to analyse these texts and the potential bargaining power of Ethiopia regarding coffee germplasm transactions, after a rapid description of the general context of seed production and seed markets in Ethiopia. It concludes that policies aimed at improving germplasm and final product quality, and rewarding farmers for their contribution in this process, are paramount.

Development of Agribiotechnology and Biosafety Regulations Used to Assess Safety of Genetically Modified Crops in Bangladesh

Bangladesh is on the verge of adopting genetically modified (GM) crops for commercial cultivation and consumption as feed and food. Most of the laboratories are engaged in tissue culture and molecular characterization on plants, whereas some have started living modified organism research with shortages of trained manpower, infrastructure, and funding. Nutritionally improved Golden Rice, biotech brinjal, and late blight-resistant potato are in contained trials in a greenhouse, and potato ring spot virus-resistant papaya is in the process of approval for a field trial. The government has taken some initiative in support of GM organism research, which include the formation of a Biotechnology Department in all institutes and the formation of the apex body, the National Task Force Committee on Biotechnology of Bangladesh under the chairpersonship of the Prime Minister. Biosafety policy guidelines and related aspects of biotechnology issues have been approved, and the laws are in the process of being promulgated. Being a party to the Cartagena Protocol, proper biosafety measures are regulated by the appropriate authority as stated. Although there are no laws made yet directly for biosafety of GM crops/foods, the relevant laws on agriculture, medicine, food, import, trade, environment, etc. may suffice and explain the situation.

The legal regime for application of the precautionary principle in India: future directions for the GM regulatory regime

The precautionary principle is one of the most contentious principles in contemporary international legal developments. The very fact that it is a principle of international environmental law has been questioned by many legal scholars. However, this does not take away the fact that the precautionary principle continues to be applied widely across sectors both internationally and nationally. The nature and scope of its application has varied widely according to the context and sector within which it has been applied. The central issue which this article seeks to address is the regulatory and the policy making space that is available to the Government of India in the context of the obligations as undertaken under the Cartagena Protocol and under various other international treaties. The regulatory space would also be affected by the domestic legal developments across sectors in which the principle has been applied. India’s recent decision on the large-scale commercialisation of Bt-Cotton has already created much debate regarding its appropriateness given the realities of Indian farm practices. More specifically, it has also led to a rethinking of the role and application of the precautionary principle in addressing these realities. Considering that the Indian policy on biotechnology is currently being drafted, it is important to look into the scope of applying the precautionary principle in taking any decision on genetically modified organisms (GMO) in terms of their distribution of risks, incorporating the social and equity impacts of such decisions.

Will the Biosafety Protocol hinder or protect the developing world: Learning from China’s experience

Uncertainties about the effect of Biosafety Protocol (BSP) on global agricultural trade have caused concern among those with a stake in agrifood imports and exports. The primary goal of this paper is to analyze the potential economic impacts of the BSP on both importing countries with a specific emphasis on China and exporting countries of soybean and maize. The results show that in absolute terms the BSP will require large investments internationally and will induce compliance costs. The BSP will increase the international price and domestic production in importing countries, and lower international trade and domestic production in the exporting countries. In absolute terms the impacts are large, amounting for each commodity into the tens of millions of dollars and varying largely among different scenarios. But in the percentage the impacts are small. Much smaller impacts are found in China because China has already invested in a system that provides almost all of the services that could be required by the BSP. Other developing nations may need more help; and that it will be more costly.

Pemanfaatan Tanaman Hasil Rekayasa Genetik: Status, Regulasi, dan Metode Deteksi di Indonesia

<p>Application of Genetically Modified Crops: Status, Regulation,<br />and Detection Method in Indonesia. Bahagiawati<br />and Sutrisno. Global area of transgenic crop was increase<br />tremendously. The number of country accepting of planting<br />and/or marketing the transgenic crops and its derivative<br />products also become more numberous. However, due to<br />existing controversy on the benefit and risk, the application<br />of transgenic crops was governed by regulations to protect<br />the consumer and environment from its unwanted effects.<br />There are some international conventions that managing<br />and controlling the uses of these crops, one of them was<br />Cartagena protocol that Indonesia ratified in 2004. Indonesia<br />also launched a regulation upon labelling package food<br />derived from transgenic crops in 1999. To implement either<br />the Cartagena protocol and labelling regulation, Indonesia<br />needs to increase its capacity to detect the present of the<br />transgenic crop product either in raw, and proceesed food.<br />This review will discuss about the development of the<br />application of transgenic crop and its product globally, and<br />list of transgenic crops that have been accepted and<br />approved as safe for human consumption and environment.<br />The regulations upon the application of transgenic crop in<br />Indonesia also be informed. Some metodologies to detect<br />the presence of the genetically modified food that are<br />generally use in some countries also be discussed in this<br />review.</p>

Against the neoliberal steamroller? The Biosafety Protocol and the social regulation of agricultural biotechnologies

Through a discursive and organizational analysis we seek to understand the Biosafety Protocol and the place of socioeconomic regulation of agricultural biotechnology in it. The literature on the Protocol has been fairly extensive, but little of it has explored debates over socioeconomic regulation during the negotiation process or the regulatory requirements specified in the final document. This case is especially important at a time when the spread of neoliberalism is increasingly associated with deregulation, because it sheds light on the conditions under which circumvention of the market is deemed legitimate and socio-economic regulation of agricultural technology is possible.

A Study on the Relationship of WTO LMOs Rule and Cartagena Protocol

A Study on the Relationship of WTO LMOs Rule and Cartagena Protocol

Editorial

AbstractInter- and supranational law knows many examples of specific biotech regulations. The Convention on Biological Diversity with its so-called Biosafety Protocol deals with the access to and use of genetic resources as well as security issues like labelling of living modified organisms. The Council of Europe's Convention on Human Rights and Biomedicine, which is also completed by several Additional Protocols, aims at setting basic standards for biomedical research, especially in the field of patient's rights. The UNESCO contributed (legally non binding) Declarations on the Human Genome and Human Genetic Data. The European Union and the Andean Community established legal frameworks for selected areas of biomedicine and gene technology. However, despite the need for uniform standards in this field, international law does not form a coherent set of norms. According to

GMO Trade and the International Regulation Structure and Perspective of the International Regulations

International dispute concerning the trade and “safety issues” have significant implication.It is how to control the trade goods which have the characteristic caused by the use of the specific chemicals or additives, and biotechnology, especially “Genetically Modified (GM) technology”.In this article, we explore GMO trade and the international regulations. Especially we focus on“The Cartagena Protocol on Biosafety”.Aim of this paper is clarifying the structure of international regulation regimes concerning GMO trade and showing the perspective of future GMO regulation.