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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Upon the invitation of the Party concerned, the Committee may gather further information on the matter. Cartagen Party or Parties concerned are entitled to participate in the deliberations of the Committee.
Based on its considerations, the Committee makes recommendations for the amicable solution of the problem.
Vienna Convention of the Law Treaties, Article 31 Intentional transboundary movement between Parties and non-parties is regulated through Article 24 of the Protocol which provides that such movements shall be consistent with the objective of the Cartagena Protocol The Party or Parties concerned may not participate in the adoption of the recommendations or in the formulation of the report.
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.
explanatory guide to the Cartagena Protocol on Biosafety
The objective of the Cartagena Protocol sets out the aim of the Bioasfety and has taken cognizance of exllanatory precautionary approach enshrined in Principle 15 of the Rio Declaration on Environment and Development. Transboundary The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms.
The CBD entered into force on 29 December and has 3 main objectives:. Supra at 13 Id Explanaatory 36 5. There is no provision for appeal, except on grounds of procedure. As an information center, the BCH also provides access to other biosafety information exchange mechanisms such as information available on the United Nations Industrial Organization — Biosafety Information Network and Advisory Services.
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. Ratifications available at www. In this sense, a compliance mechanism might help to prevent disputes and thus the need for dispute settlement.
Id, Article 5 If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. Referral of a compliance cartagen to the mechanism: Legally, where an unintentional transboundary movement occurs within the jurisdiction of a Party, the Party is under an obligation to notify any affected or potentially affected States, the Biosafety Clearing-House and international organizations where appropriate.
For LMOs destined for contained use, the Cartagena Protocol provides that the transboundary movement of this category of LMOs shall be undertaken in accordance with the standards of the Party of Import.
It has been operational for several years. The term of office is two years, with a possibility of serving for two consecutive terms. This clearly means that what is to be regulated is the movement of living modified organisms between two Parties.
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 The compliance mechanism was developed on the basis of Article 8 of the Cxrtagena Protocol.
Some provisions of the protocol do apply, such as the handling and labeling provisions in Article 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 road to the Cartagena Protocol on Biosafety Cartsgena 1: In principle, such a mechanism may identify instances where Parties have not complied with their obligations.
An explanatory guide to the Cartagena protocol on biosafety | IUCN
This makes it one of the more progressive enabling provisions found in recently negotiated multilateral environmental agreements. Core elements and characteristics of existing and emerging compliance mechanisms in multilateral environment agreements Compliance procedures and mechanisms adopted, or under development, under other multilateral environment agreements to date tend to include a number of common core elements and characteristics.
Article 34, Vienna Convention on the Law of Treaties. To promote compliance, to address cases of non-compliance, and to provide advice or assistance to Parties to help them comply. Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans 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.
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.
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. These categories of LMOs pose minimal environmental risk as they are not to be introduced to the environment.
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. Access to the body is generally restricted to Parties to the treaty concerned.
The Cartagena Expoanatory provides the minimum documentation requirements for the intentional transboundary movement of LMOs and each Party may within its domestic regulatory framework require additional information that is not included in the handling, transport, packaging and identification of LMOs requirements provided that the requirements are in line with the objectives of the Cartagena Protocol.
Background to the Cartagena Protocol on Biosafety
Article 18 of cartaena 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. 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.
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.