Genetically Modified Organisms: emerging law and policy in India

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K. D. Raju
The Energy and Resources Institute (TERI), 2007 M01 1 - 288 pages
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The scientific controversies involving genetic science and ?biosafety? Have not been well understood by many. All claims about GMOs (genetically modified organisms) or LMOs (living modified organisms) are under controversy. The Cartagena Protocol is the first international agreement to regulate the transboundary movement of GMOs. Under the Convention on Biological Diversity, 190 countries agreed on the importance and concern over the spread and cross-border transfer of GMOs and their risks to environment and human health. Consequently, in 2000, they adopted the Cartagena Protocol to address the possible risks of GMOs. The protocol is an important step in the protection of biodiversity and biosafety. The concern of developing countries are not shared by the developed countries like the US, Canada, and Mexico. These countries produce more than 90% of the LMO crops and they are not ratified by the protocol. The protocol explicitly stipulates that countries should take precautionary measures to prevent GMOs from causing harm to biodiversity and human health. Members have to implement the protocol provisions at the domestic level. There are heated debates in India whether to allow the cultivation of GMOs? The civil society organizations are opposing the entry of multinational companies in the field trial of GMOs. In this scenario, a systematic review of the international legal regime to formulate a comprehensive policy on the subject in India is the need of the hour. The current volume focuses on the international and national legal regimes and the Indian situation is analysed closely. The book sets out the scientific debate first, because it is the first cross-cutting point. Socio-economic analyses of some case studies from states are also taken up. Later part of the discussions is centred around the evolving international law on the subject. The Indian laws on this subject are found to be obsolete. This book seeks to provide an accessible discussion on the subject that includes social, economic, legal, and other issues related to GMOs, which are frequently raised in India. The discussions in the volume significantly contribute to the ongoing debate and serve as an important input for policy-making on this subject in India.

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Contents

Is genetically modified technology desirable? The law and economics
1
Cartagena Protocol
15
an Indian perspective
37
need
79
a comparison of the Cartagena
93
International law jurisprudence on environmental protection and Indian
115
policy implications for agribiotech
141
Regulatory and governance issues relating to genetically modified crops
175
Select Bibliography
225
Annexe 1
237
Annexe 2
263
Index
285
Copyright

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Page 25 - ... raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development...
Page 254 - Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the...
Page 120 - States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
Page 57 - States shall co-operate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction.
Page 95 - In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Page 124 - The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects, where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures...
Page 122 - In particular, an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis--vis another State in the field of diplomatic protection. By their very nature the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes.
Page 26 - Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade...

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