Liability, Redress and the Cartagena Protocol

A. Gupta, Amandine Orsini

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

One of the most contentious issues in global biodiversity law pertains to liability and redress for potential harm caused to biodiversity by transboundary transfers of genetically modified organisms (GMOs). This chapter analyses the status of international law regarding GMO-related liability and redress, as enshrined in the 2010 ‘Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress’, under the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. It reviews the current state of knowledge regarding liability and redress for GMO-related harm adopted by the Supplementary Protocol, which privileges an administrative approach to liability and redress, with very limited inclusion of civil liability. We conclude by highlighting gaps in current knowledge and a future research agenda, including implementation challenges arising from the Supplementary Protocol, and the prospects for further developing international and domestic law on civil liability for harm from GMOs.
Original languageEnglish
Title of host publicationBiodiversity and Nature Protection Law
EditorsElisa Morgera, Jona Razzaque
PublisherEdward Elgar
Pages445-454
ISBN (Electronic)9781783474257
ISBN (Print)9781783474240
DOIs
Publication statusPublished - 2017

Publication series

NameElgar Encyclopedia of Environmental Law series
PublisherEdward Elgar
Volume3

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liability
biodiversity
Law
international law
privilege
inclusion

Cite this

Gupta, A., & Orsini, A. (2017). Liability, Redress and the Cartagena Protocol. In E. Morgera, & J. Razzaque (Eds.), Biodiversity and Nature Protection Law (pp. 445-454). (Elgar Encyclopedia of Environmental Law series ; Vol. 3). Edward Elgar. https://doi.org/10.4337/9781783474257.III.32
Gupta, A. ; Orsini, Amandine. / Liability, Redress and the Cartagena Protocol. Biodiversity and Nature Protection Law. editor / Elisa Morgera ; Jona Razzaque. Edward Elgar, 2017. pp. 445-454 (Elgar Encyclopedia of Environmental Law series ).
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Gupta, A & Orsini, A 2017, Liability, Redress and the Cartagena Protocol. in E Morgera & J Razzaque (eds), Biodiversity and Nature Protection Law. Elgar Encyclopedia of Environmental Law series , vol. 3, Edward Elgar, pp. 445-454. https://doi.org/10.4337/9781783474257.III.32

Liability, Redress and the Cartagena Protocol. / Gupta, A.; Orsini, Amandine.

Biodiversity and Nature Protection Law. ed. / Elisa Morgera; Jona Razzaque. Edward Elgar, 2017. p. 445-454 (Elgar Encyclopedia of Environmental Law series ; Vol. 3).

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

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AB - One of the most contentious issues in global biodiversity law pertains to liability and redress for potential harm caused to biodiversity by transboundary transfers of genetically modified organisms (GMOs). This chapter analyses the status of international law regarding GMO-related liability and redress, as enshrined in the 2010 ‘Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress’, under the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. It reviews the current state of knowledge regarding liability and redress for GMO-related harm adopted by the Supplementary Protocol, which privileges an administrative approach to liability and redress, with very limited inclusion of civil liability. We conclude by highlighting gaps in current knowledge and a future research agenda, including implementation challenges arising from the Supplementary Protocol, and the prospects for further developing international and domestic law on civil liability for harm from GMOs.

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BT - Biodiversity and Nature Protection Law

A2 - Morgera, Elisa

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Gupta A, Orsini A. Liability, Redress and the Cartagena Protocol. In Morgera E, Razzaque J, editors, Biodiversity and Nature Protection Law. Edward Elgar. 2017. p. 445-454. (Elgar Encyclopedia of Environmental Law series ). https://doi.org/10.4337/9781783474257.III.32