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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Transboundary The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms.
explanatory guide to the Cartagena Protocol on Biosafety
The CBD entered vartagena force on 29 December and has 3 main objectives:. The right of any Party to subject any living modified organism intended for human pharmaceutical to risk assessment is left at the discretion of each Party as the exemption in Article 5 is without prejudice to any right of a Party to subject all living modified organisms to risk assessment prior to making of decisions on import Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans 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.
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. In addition, the Secretariat may bring to the attention of the Committee cases of possible protofol it becomes aware of, in the event that it has not received a satisfactory explanation from the Party concerned.
However, Article 38 of the Vienna Convention on the Laws of Treaties provides that a third state non-party can be bound by a treaty where the rule is recognized as customary rule of international law. It also expressly states that future compliance provisions should be separate from the dispute settlement procedure established under Article 27 of the CBD see Box 51which also applies to the Protocol see commentary on Article There is no provision for appeal, except on grounds of procedure.
Upon the invitation of the Party concerned, the Committee may gather further information on the matter. 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 Id Article 19 4. The mechanisms adopted under the various other multilateral environment agreements adopt different approaches to some of these elements.
The Principle provides that: When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory: A declaration that the movement conforms to the requirement of the Protocol should be included by the exporter.
In order to prepare for this, discussions on the nature and functioning of the compliance mechanisms were undertaken by the ICCP. The focus of the compliance mechanism foreseen in Article 34 is on the compliance of individual Parties with their obligations under the Protocol. Living modified organisms in transit or those destined for contained use are regulated under Article 6 of the Cartagena Protocol.
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.
The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms. 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.
When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory:. 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.
Referral of a compliance problem to the mechanism: This clearly means that what is to be regulated is the movement of living modified organisms between two Parties.
Article 7 3 further exempts the transboundary movement of living modified organisms intended for direct use as food or feed or processing from the AIA procedure. The AIA Procedure enables a Party of Import to consent or reject the transboundary movement for the intentional release into the environment after assessing the potential risk to the environment.
This may be done by a Party with regard to itself; and in some cases by a Party with regard to another Party, or by the Secretariat ro other body of the agreement. In some instances, the Parties concerned have to report back on measures taken in accordance with the recommendations.
LMOs protcool transit or those destined for contained use are exempt from the application giude the Advanced Informed Agreement Procedure under the Protocol. The Conference of the Parties to the agreement generally decides how to implement the recommendations of the compliance mechanism. Article 34, Vienna Convention on the Law of Treaties. Intentional transboundary movement between Parties and non-parties is regulated biosaafety Article 24 of the Protocol which provides that such movements shall be consistent with the objective of the Cartagena Protocol To biosavety compliance, to address cases of non-compliance, and to provide advice or assistance to Parties to help them comply Nature: It is worth noting that while most multilateral environmental agreements, like the CBD, provide procedures for dispute settlement, these tend to be optional and have not, in practice, been used.
An Explanatory Guide to the Cartagena Protocol on Biosafety
Id Article 11 A compliance mechanism can be used as an alternative to, or profocol with, a dispute settlement procedure. Vienna Convention of the Law Treaties, Article 31 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.
So far, no LMO has been identified to be exempt under this Article by the Conference of Parties, however this Article provides for such an exemption in the future.
Generally, each category of LMO has different documentation requirements under the Protocol as follows: Article 7, Cartagena Protocol on Biosafety This means that a Party should develop regulations for LMOs destined for contained use. Under Article 24 2 Parties are explantory encourage non-Parties to adhere to the Protocol and protovol 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.
At the time of writing, the biosadety mechanism was not yet in effect. The right of the Party of Import to regulate could include an appropriate notification, transportation and handling procedures. Rio Declaration on Environment and Development, available here In principle, such a mechanism may identify instances where Parties have not complied with their obligations. If the parties to the dispute have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II bioxafety the parties otherwise agree.