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International liability and redress for genetically modified organisms and challenge for China's biosafety regulation

Wen Xiang (2012) International environmental law : contemporary concerns and challenges. p.581-600
abstract
The UN Cartagena Protocol on Biosafety (Biosafety Protocol) is an international instrument addressing the potential environment and health issues of Genetically Modified Organisms (GMOs). Its article 27 on Liability and Redress, which finally has been explored as a new treaty "Nagoya-Kuala Lumpur Supplementary Protocol" (Supplementary Protocol) was recently adopted in October 2010. The new Protocol chose an administrative approach instead of an international civil liability regime, and left the implementation to the discretion of competent national authorities of the parties as rather a "national approach". As a party to the Biosafety Protocol, China might take the Supplementary Protocol into account for its own biosafety regime. The interplay between the Biosafety Protocol (and the Supplementary Protocol) with China's national biosafety regime will be briefly examined in this paper. It argues that a comprehensive biosafety law will be needed to oversee the import and export of GMOs, as well as efficiently manage cultivation of GM crops within China. The paper concludes that the inclusion of a liability clause into the biosafety law seems necessary for China's obligation to the Biosafety protocol to deal with the uncertainties of GMOs, thereby ensuring the sustainable development of biotechnology.
Please use this url to cite or link to this publication:
author
organization
year
type
conference (proceedingsPaper)
publication status
published
subject
keyword
Supplementary Protocol, Biosafety Protocol, liability and redress, China, BIOTECHNOLOGY, LAW
in
International environmental law : contemporary concerns and challenges
editor
Vasilka Sancin and MK Dine
pages
581 - 600
publisher
GV Založba
place of publication
Ljubljana, Slovenia
conference name
1st Contemporary Challenges of International Environmental Law conference
conference location
Ljubljana, Slovenia
conference start
2012-06-28
conference end
2012-06-29
Web of Science type
Proceedings Paper
Web of Science id
000309943500029
ISBN
9789612472191
language
English
UGent publication?
yes
classification
P1
copyright statement
I have transferred the copyright for this publication to the publisher
id
3059590
handle
http://hdl.handle.net/1854/LU-3059590
date created
2012-11-24 16:36:11
date last changed
2018-06-25 09:50:57
@inproceedings{3059590,
  abstract     = {The UN Cartagena Protocol on Biosafety (Biosafety Protocol) is an international instrument addressing the potential environment and health issues of Genetically Modified Organisms (GMOs). Its article 27 on Liability and Redress, which finally has been explored as a new treaty {\textacutedbl}Nagoya-Kuala Lumpur Supplementary Protocol{\textacutedbl} (Supplementary Protocol) was recently adopted in October 2010. The new Protocol chose an administrative approach instead of an international civil liability regime, and left the implementation to the discretion of competent national authorities of the parties as rather a {\textacutedbl}national approach{\textacutedbl}. As a party to the Biosafety Protocol, China might take the Supplementary Protocol into account for its own biosafety regime. The interplay between the Biosafety Protocol (and the Supplementary Protocol) with China's national biosafety regime will be briefly examined in this paper. It argues that a comprehensive biosafety law will be needed to oversee the import and export of GMOs, as well as efficiently manage cultivation of GM crops within China. The paper concludes that the inclusion of a liability clause into the biosafety law seems necessary for China's obligation to the Biosafety protocol to deal with the uncertainties of GMOs, thereby ensuring the sustainable development of biotechnology.},
  author       = {Xiang, Wen},
  booktitle    = {International environmental law : contemporary concerns and challenges},
  editor       = {Sancin, Vasilka and Dine, MK},
  isbn         = {9789612472191},
  keyword      = {Supplementary Protocol,Biosafety Protocol,liability and redress,China,BIOTECHNOLOGY,LAW},
  language     = {eng},
  location     = {Ljubljana, Slovenia},
  pages        = {581--600},
  publisher    = {GV Zalo\v{z}ba},
  title        = {International liability and redress for genetically modified organisms and challenge for China's biosafety regulation},
  year         = {2012},
}

Chicago
Xiang, Wen. 2012. “International Liability and Redress for Genetically Modified Organisms and Challenge for China’s Biosafety Regulation.” In International Environmental Law : Contemporary Concerns and Challenges, ed. Vasilka Sancin and MK Dine, 581–600. Ljubljana, Slovenia: GV Založba.
APA
Xiang, W. (2012). International liability and redress for genetically modified organisms and challenge for China’s biosafety regulation. In V. Sancin & M. Dine (Eds.), International environmental law : contemporary concerns and challenges (pp. 581–600). Presented at the 1st Contemporary Challenges of International Environmental Law conference, Ljubljana, Slovenia: GV Založba.
Vancouver
1.
Xiang W. International liability and redress for genetically modified organisms and challenge for China’s biosafety regulation. In: Sancin V, Dine M, editors. International environmental law : contemporary concerns and challenges. Ljubljana, Slovenia: GV Založba; 2012. p. 581–600.
MLA
Xiang, Wen. “International Liability and Redress for Genetically Modified Organisms and Challenge for China’s Biosafety Regulation.” International Environmental Law : Contemporary Concerns and Challenges. Ed. Vasilka Sancin & MK Dine. Ljubljana, Slovenia: GV Založba, 2012. 581–600. Print.