The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and. An Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Law Paper No. pages x G. M. La Vina and Ruth Mackenzie. An Explanatory Guide to the Cartagena Protocol on Biosafety: IUCN Environmental Law Paper No. 46 (Environmental Policy & Law Papers) [G. M. La Vina, Ruth.
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Background to the Cartagena Protocol on Biosafety
The intention to use thr a procedure should be declared through the BCH. The mechanisms adopted under the various other multilateral environment agreements adopt different approaches to some of these elements. It identifies possible causes of the non-compliance. The Article further allows a Party of Export or notifier to request for a review of decision where a change in circumstances has occurred that may influence an outcome of a risk assessment that was the basis of the decision.
Generally, each category of LMO has different documentation requirements under the Protocol as follows:. Under the Vienna Convention of the Law of Treaties, a Protocol cannot create rights and obligations for non-parties without their consent Based on its protocl, the Committee makes recommendations for the amicable solution of the problem. A compliance mechanism can be used as an alternative to, or concurrently with, a dispute settlement procedure.
These categories of LMOs pose minimal environmental risk as they are not to be introduced to the environment. In this sense, a compliance mechanism might help to prevent disputes and thus the need for dispute settlement.
The Party of Import still retains the right to subject the LMOs destined for contained use to risk assessment and to set the standards and requisite regulations. The CBD entered into force on 29 December and has 3 main objectives: Access to the body is generally restricted to Parties to the treaty concerned. The legal effect of the objective is such that where a State signs the Protocol and becomes a Party, the State should strive to conform to the Objective of the Cartagena Protocol in the ratification process by ensuring that the enacted national law contributes to an adequate level of protection.
This is a common way of approaching the issue of biosafetty in recent multilateral environmental agreements. The term of office is two years, with a possibility of serving for two consecutive terms.
explanatory guide to the Cartagena Protocol on Biosafety
Rio Declaration on Environment and Development, available here The Biosafety Clearing-House BCH was established under Article 20 of the Cartagena Protocol to meet the objectives of the CBD by facilitating the exchange of scientific, technical, environmental and legal information on experiences with living modified organisms.
Background to the Cartagena Protocol on Biosafety General Information Footnotes General Information Introduction Efforts to create international Biosafety rules began in the s, when modern biotechnology was still at its infancy but showing signs of progressing towards the commercialization of genetically modified organisms and products.
The Party or Parties concerned are entitled to participate in the deliberations of the Committee. Handling, Article 18 of the Protocol addresses the Handling, Transport, Packaging and Identification of LMOs and requires that LMOs that are subject to intentional transboundary movement, are handled, packaged, and transported safely. However, the Cartagena Protocol also deals with trade related issues and includes the safe transfer of living modified organisms between parties. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in the protocol concerned.
In some instances, the Parties concerned have to report back on measures taken in accordance with the recommendations. In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation.
The Party of Import may also subject the LMO destined for contained use to risk assessment prior to cartagema decision.
The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms. Article 3 k Cartagena Protocol on Biosafety The Implementation Committee considers the matters submitted to it. Transboundary The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms. Article 7, Cartagena Protocol on Biosafety This means that a Party should develop regulations for LMOs destined for contained use.
Dispute settlement provisions of the CBD Article The Party or Parties concerned must subsequently inform the Meeting of the Parties of any measures adopted to improve the situation, in accordance with the recommendations. Compliance mechanisms under other multilateral environmental agreements Among the MEAs that are in force, the most mature compliance mechanism is that of the Montreal Protocol on Substances that Deplete the Ozone Layer. See Box 50 below.
This means that where the affected or potentially affected State is not a Party to the Cartagena Protocol, it must be notified in line with principles of international customary laws. Vienna Convention of the Law Treaties, Article 31 In principle, such a mechanism may identify instances where Parties have not complied with their obligations.
Unlike a dispute settlement procedure, a compliance mechanism is basically a multilateral and non-confrontational instrument. Ratifications available at www.
Background to the Cartagena Protocol on Biosafety – ABNE | African Biosafety Network of Expertise
Thus each Party should strive to ensure that it makes available to the BCH all the information that it uses in the implementation of the Protocol. The Cartagena Protocol does not elaborate on the issue of adequacy of protection, thus each Party has the discretion to include the standard it desires. This clearly means that what pdotocol to be regulated is the movement of living modified caryagena between two Parties.
In order to prepare for this, discussions on the nature and functioning of the compliance mechanisms were undertaken by the ICCP.
Final decisions on importation bkosafety release of living modified organisms should also be made available to the BCH. After several years ths work, a compliance mechanism was adopted for the Kyoto Protocol at the 7th meeting of the Conference of the Parties to the Convention in Id, Article 5 Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans The Cartagena Protocol on Biosafety is the first multilateral international treaty dealing with the transboundary movement of living modified organisms commonly referred to as genetically modified organisms.
Explanatorh focus of the compliance mechanism foreseen in Article 34 is on the compliance of individual Parties with their obligations under the Protocol. A Party of Import may opt to use a simple notification procedure in the case of intentional transboundary movement of living modified organisms provided that the Party ensures that adequate measures are applied in accordance with the objectives of the Protocol; Art.
By contrast, a dispute settlement procedure constitutes a legal and institutional framework for solving conflicts or disagreements between two or more Parties. Article 12 of the Protocol allows a Party to review its decision at any time in light of new scientific information on potential adverse effects on the conservation and sustainable use of biological diversity regarding an intentional transboundary movement.
The BCH will serve as a repository of information necessary for the implementation of the Protocol and will provide a means for the exchange of information between Parties as well as any other international biosafety information mechanism. The Principle provides that: