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The
Cartagena
Protocol on Biosafety to the Convention on Biological Diversity
was adopted in January 2000 in Montréal and ratified in September
2003. A Multilateral Environmental Agreement, it regulates trade in
so-called Living Modified Organisms (LMOs), i.e. primarily
genetically modified crops. Its primary objective is the protection
of biological diversity from threats resulting from imported GM
seeds, pollen or other organisms. This protection consists in giving
an LMO importing country - which otherwise as a WTO member would be
obliged to import them under the provisions of the WTO agreements -
stronger regulatory instruments that may take into consideration
precautionary measures. Risks to human health and socio-economic
considerations due to the importation of LMOs are also included in
the text of the Protocol but the precise legal meaning of these two
additional objectives are presently quite unclear. This unresolved
problems refers particularly to
questions of liability and redress. Perhaps a more
important immediate problem are the facts that the major producers
of GM crops, especially the US, are not parties of the agreement,
and that
the relationship with the WTO agreements is very complex
and presently uncertain (Badr Zerhdoud). |
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