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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See Box 50 below. 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.
explanatory guide to the Cartagena Protocol on Biosafety
Settlement Of Disputes 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 compliance mechanism was developed on the basis of Article 8 of the Montreal Protocol.
Any Party that makes a final decision regarding the domestic use; including the placing on the market of a living modified organism that may be subject to transboundary movement for direct use as food, feed, or processing must notify the Parties through the Biosafety Clearing-House within fifteen days of the decision.
To examine cases of possible non-compliance, with a view to proposing a solution, and to make recommendations for concrete responses to the Parties concerned or to the Conference of the Parties to the agreement. Id, Article 5 After several years of work, a compliance mechanism was adopted for the Kyoto Protocol at the 7th meeting of the Conference of the Parties to the Convention in This means that a Party that uses the mechanism under Article A Party to any protocol is a State that has consented to be bound by the treaty by signing and agreeing to be bound by the Objectives of the Treaty.
Article 7, Cartagena Protocol on Biosafety Vienna Convention of the Law Treaties, Article 31 A Party dealing with a non-Party has the burden to ensure that any bilateral, regional and multilateral agreements and arrangements on transboundary movements of living modified organisms are consistent with the objectives of the Protocol.
The level of protection should ideally be set to ensure that any threats that might potentially harm the environment are minimized. Id Article 11 It has been operational for several years.
An Explanatory Guide to the Cartagena Protocol on Biosafety
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.
When ratifying, accepting, approving or acceding to this Convention, or at any giude thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with biosqfety 1 or paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory: By contrast, a dispute settlement procedure constitutes a legal and institutional framework for solving conflicts or disagreements between two or more Parties.
It submits a report to the Meeting of the Parties, outlining the recommendations made. The term of office is two years, with a possibility of serving for two consecutive terms. Dispute settlement provisions of the CBD Article This is a common way of approaching the issue of compliance in recent multilateral environmental agreements.
Upon the invitation of the Party concerned, the Committee may gather further information on the matter. Ratifications available at www.
The body considers the matter and issues a recommendation for resolving the problem. The AIA procedure requires that before the first intentional transboundary movement of living modified organisms for the intentional introduction into the environment, the Party of Import must be notified of the proposed transboundary movement Examples of LMOs-FFP 21 include corn, soya bean, wheat or other grains that will be directly fed to humans or animals or used for processing.
National reports submitted in accordance with Article 33and the self-monitoring to be carried out by each Party guixe accordance with that provision, are likely to provide an important basis yo the work of a future compliance mechanism. Generally, each category of LMO has different documentation requirements under the Protocol as follows:. Article 17 of the Cartagena Protocol deals with the unintentional transboundary movements and emergency measures and is applicable to both Parties and non-Parties to the Cartagena Protocol However, the exemption only applies where the transboundary movements of such organisms are addressed by other relevant international agreements or organizations such as the World Health Organization.
Under Article 24 2 Parties are to encourage non-Parties to adhere to the Protocol and to contribute appropriate information to the Biosafety Clearing-House on living Modified Organisms released in, or moved into or out of, areas within their national jurisdictions. Article 34 addresses the need to develop a mechanism to promote compliance of Parties with their obligations under the Protocol.
If the parties to the dispute have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall explanatiry submitted to conciliation in accordance with Part 2 of Annex II unless the parties otherwise agree. 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.
An Explanatory Guide to the Cartagena Protocol on Biosafety
Text of the Convention on Biological Diversity, available at http: The history of the Cartagena Protocol is well documented and the table below provides a brief summary of the negotiations. International customary laws 15 are norms of behavior observed by numerous states over time which after a while are then considered as binding on all states as an accepted legal requirement.
At the time of writing, the compliance mechanism was not yet in effect. 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.
In this sense, a compliance mechanism might help to prevent disputes and thus the need for dispute settlement. The Principle provides that:. To promote compliance, to address cases of non-compliance, and to provide advice or assistance to Parties to help them comply Nature: Final decisions on importation or release of living modified organisms should also be made available to the BCH.
One aspect of this issue is whether members of the committee serve in a personal capacity or as representatives of their respective governments. Rio Declaration on Environment and Development, available here Generally, each category of LMO has different documentation requirements under the Protocol as follows: