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Cartagena Protocol on Biosafety and the WTO rules conflict studies

Author: YuFei
Tutor: ZhangLi
School: China University of Political Science
Course: Legal
Keywords: International Environmental Law Protocol on Biosafety Environment of WTO rules Conflict and resolution
CLC: D996.9
Type: Master's thesis
Year: 2009
Downloads: 105
Quote: 1
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Abstract


Since the human hot war, peace and development has become the theme of the international community, the development is separated along the two main theme First, trade liberalization, first, to maintain the resources, environmental protection and sustainable development. WTO is born out of the context of trade liberalization. Modern biotechnology, on the other hand, can ease the increasingly serious issues such as food, medicine and the rapid development of the characteristics of the double-edged sword of science and technology, the development of transgenic technology to solve a series of the world's problems at the same time, it also brings many security risks, in this context, the Cartagena Protocol on Biosafety came into being. Although the Protocol is an international environmental conventions, but has set a large number of procedures and measures on import and export of LMO products, as well as members of the party the rights and obligations of living modified organisms as an environmental protection-oriented international treaties, which limit The body of Transboundary Movements of provisions and the collision of global trade rules is inevitable. How to deal with and coordination of these contradictions and conflicts, is to promote the development of norms of international biosafety, biotechnology has brought huge commercial trade value at the same time, but also to eliminate or reduce an adverse impact on biodiversity, ecological environment and human health, the key. This paper attempts to comment on this issue from three parts: the first part of the Cartagena Protocol on Biosafety \specification has a broad understanding. Section 1 first introduced the adjustment range of the Cartagena Protocol, the Protocol adjustment of conflict in the trade of living modified organisms in representative then presented the Cartagena Protocol on Biosafety \rely on the precautionary principle and its core program and identify the problem, an important part of these are related to the environment and the WTO rules conflict. Section II a brief introduction of the provisions of the WTO involving environmental rules that may conflict part of the Protocol. Second part of the combined analysis of the relevant conflict rules in the first part of the further elaboration of the conflict lies between the causes of conflict. The conflict is rooted in the basic principles of both parties rely on conflict, and other specific provisions of the conflict, such as risk assessment, burden of proof are the basic principles of conflict of performance. The third part, raised the author's views on conflict resolution, in order to be on the the Biosafety international regulatory and legislative reference. The author attempts to comment on this issue from two aspects, one is to strengthen co-operation of the Protocol and the WTO, which is a run-in between the two bodies, and the second is to strengthen co-operation between developed and developing countries.

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CLC: > Political, legal > Legal > International law > International Environmental Protection Act
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