Abstract
Biodiversity plays an important role in providing essential plants and animals for humans, but also preserves the environmental balance. Therefore, any biological imbalance can have serious and irreversible consequences due to the inability to reverse the negative results. With the increasing role played by genetically modified organisms (GMOs) in our lives, and the creation of new applications on living organisms, the international community may face dangerous issues without the correct international or local regulations. Although modern biotechnology plays an important role in improved human welfare, it can still have negative effects on the environment, biodiversity, and human health.
The importance of this work lies in its analysis of basic international documents on the issue of the release and transfer of GMOs. It explains how to address the issue of damage liability when dealing with these organisms, whether on biological diversity, the environment, or human health. The research also addresses the most important Arab legislation on the conditions for the release of these organisms and the introduction of their products to the market.
Get full access to this article
View all access options for this article.
References
1.
It is noteworthy that the official title or name of this convention was not very accurate, as the official name of this convention came under the title (Convention About Biological Diversity), where it would have been better named (Convention on Biological Diversity) or if we consider the purpose of the Convention so we should call it (Convention on preserving the Biological Diversity).
2.
Article 1 of the Convention about Biological Diversity adopted on June 5, 1992, which came into force on December 29, 1993.
3.
It is noteworthy that in reason of the evolving nature of the ongoingxs COVID-19 pandemic, the UN Convention on Biological Diversity (CBD) has chosen to hold many meetings on line and has postponed others. Press release available at https://environewsnigeria.com/un-biodiversity-announces-changes-to-meetings/
4.
Article 2 of the CBD defines “Biological diversity” as “the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.” The same article defines “Ecosystem” as: “a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit”.
5.
Preamble to the CBD 1993.
6.
Article 2 of CBD defines “Biological resources” as: “genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity”.
7.
Article 3 of the CBD acknowledged the sovereign right for the states according to the Charter of the United Nations and the principles of international law “to exploit their resources according to their 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”.
8.
Article 15(1) of CBD states: ‘Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation’. Genetic resources are defined in article 2 as: ‘genetic material of actual or potential value’.
9.
Paragraph (3, 4) of Article (16) of the CBD 1993.
10.
Article 16/5 of the CBD states: “The Contracting Parties, recognizing that patents and other intellectual property rights may influence the implementation of this Convention, shall cooperate in this regard subject to national legislation and international law to ensure that such rights are supportive of and do not run counter to its objectives”.
11.
Article 13 of Egyptian Intellectual property protection law states: “where the invention involves biological, plant or animal product, or traditional medicinal, agricultural, industrial or handicraft knowledge, cultural or environmental heritage, the inventor should have legitimately acquired the sources….”.
12.
HARROP SR, PRITCHARD DJ. A hard instrument goes soft: The implications of the Convention on Biological Diversity's current trajectory. Global Enviro Change 2011;21(2):474-480.
13.
Ibid. at 476.
14.
Ibid. at 476.
15.
Ibid. at 475.
16.
Article 3 (g) of the Cartagena Protocol defines the “Living modified organism” as: “any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology.”
17.
The meaning of the “modern biotechnology” according to Article 3/i of the Cartagena Protocol is the application of: “a. In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles, or by fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombination barriers and that are not techniques used in traditional breeding and selection”.
18.
Article (1) of the Cartagena Protocol on Biosafety of the Convention on Biological Diversity adopted on January 29, 2000, Jordan ratified the Cartagena Protocol on November 11, 2003, and came into force on February 9, 2004, Egypt ratified the protocol on December 23, 2003, and came into force on March 21, 2004, while Syria joined the protocol on April 1, 2004, and came into force on June 30, 2004.
19.
Article 3 (k) of the Cartagena Protocol (cross-border transport) is defined as Transboundary movement” means the movement of a LMOs from one party to another, save that for Articles17 and 24 transboundary movement extends to movement between Parties and non -Parties .
20.
Article (32/1) From Biodiversity Convention 1993.
21.
Heleihbesin, Othman AR. Does the Cartagena Protocol Protect Diversity? Available at: https://p.dw.com/p/PcVd
22.
Al-Tayeb O. GM Food: Who controls it in Arab Countries? Available at: https://shakirycharity.org/index_A.php?id=149&news_id=3471
23.
Article (1) of the Cartagena Protocol.
24.
Article (5) of the Cartagena Protocol.
25.
Article (6) of the Cartagena Protocol.
26.
Article 7 (1) of the Cartagena Protocol.
27.
Article 10 (4) of the Cartagena Protocol.
28.
Article 18 (3) of the CBD stipulated the establishment of a mechanism to encourage and facilitate technical and scientific cooperation at the first meeting of the Conference of the Parties.
29.
Article 3(k) states ““Transboundary movement” means ‘the movement of a living modified organism from one Party to another Party, save that for the purposes of Articles 17 and 24 transboundary movement extends to movement between Parties and non-Parties”.
30.
The Financial Express. The need to set up a global liability regime for GMOs. Available at: https://financialexpress.com/archive/need-to-set-up-a-global-liability-regime-for-gmos/138712/
31.
Kohm K. Comment: Shortcomings of the Cartagena Protocol: Resolving the liability loophole at an international level. UCLA J of Environ Law Policy 2009;154.
32.
Ibid, at 156.
33.
Ibid, at 156.
34.
See Article 2(2/b) of N–KL Supplementary Protocol.
35.
Singh Nijar G. The Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety: An Analysis and Implementation Challenges. Int Environ Agreements 2012;13(3):272.
36.
Article (19) of the (N–KL Protocol).
37.
Article (4) of the (N–KL Protocol).
38.
Article 5(3) of the (N–KL Protocol).
39.
Article (14) of the CBD.
40.
Supra note 31, at 159.
41.
See Article 5(1/2) of the N–KL Supplementary Protocol.
42.
Supra note 35, at 276 -277 .
43.
Ibid, at 278.
44.
For a larger idea of the countries ’position on this issue, see: Jungcurt S, Schabus N. Liability and redress in the context of the Cartagena Protocol on Biosafety. Rev Euro Commun Int Environ Law 2010;19(2):200-206.
45.
Supra note 35, at 284.
46.
Article (16) of the Cartagena Protocol on Biosafety to the Convention of Biological Diversity.
47.
Article 4 (d) of the Jordanian Environmental Protection repealed Act No. 52 of 2006 States “to achieve the goals of protecting the environment and improving its various elements sustainably, the Ministry undertakes, in cooperation and coordination with the relevant authorities, the following tasks: .… d- Issue environmental instructions necessary to protect the environment and its elements and terms for setting up agricultural, developmental, commercial, industrial, housing, and mining projects, and other related services to adhere to and to approve them within the earlier conditions for licensing any of them or renewing their license in accordance with the established legal principles.” Article 6 also states that: a. Under the instructions issued by the Council of Ministers upon the minister's recommendation, the materials prohibited from entering the Kingdom are determined.
48.
Biosafety instructions for GMOs resulting from modern biotechnologies and products for the year 2009.
49.
Article (3) of the Biosafety Instructions for GMOs resulting from modern biotechnologies and their products for the year 2009.
50.
Article (2) of Biosafety Instructions.
51.
Article (4) of Biosafety Instructions.
52.
According to Article 2 of the Biosafety Instructions, “Biosafety” means “efforts made to remove or reduce potential risks resulting from modern biotechnologies concerned with cell modification and materials resulting from the modification process”.
53.
The Arab Group for the Protection of Nature (APN) is an independent non-profit organization concerned with the protection of the environment and natural resources of Arab countries against all hazards, including the destructive impacts of wars and foreign occupations. APN was established in April 2003 by a group of motivated people who aim to protect the Arab environment alongside regional and international organizations, see The Arab Group for the Production of Nature, Available at: https://apnature.org/en
54.
For more information regarding the National Biosafety Committee, see Article 5 of the Biosafety Instructions.
55.
For more information regarding the duties and responsibilities of the National Biosafety Committee, see Article 5 (F) of the Biosafety Instructions.
56.
Article 7(a) of the Biosafety Regulations.
57.
For more information regarding the data required to submit, see Attachment 1 and 2 of the Biosafety instructions.
58.
Article 8 (a) of the biosafety instructions.
59.
Article 4 (c) of the Biosafety instructions.
60.
For more information on the label and its contents, see Article (10) of the Biosafety instructions.
61.
Article (2) of the Egyptian Biosafety draft law of 2003.
62.
Articles (5) and (6) of the Egyptian Biosafety draft law.
63.
Article (8) of the Egyptian Biosafety draft law.
64.
Article (1) of the Egyptian Biosafety draft law.
65.
Article (15) of the Egyptian Biosafety draft law.
66.
Article (1) of the Egyptian Biosafety draft law.
67.
Article (2) of the Biosafety Law of Genetically Modified Organisms and Their Products No. 24 of 2012.
68.
Article (1) of the Syrian Biosecurity Law.
69.
Article 3 (1) of the Syrian Biosecurity Law.
70.
By “containment place site” means “the closed place isolated from the open environment in which measures are taken to prevent the transfer of genetically modified organisms or their products to the open environment”, see Article (1) of the Law.
71.
Article 5 (a) of the Biosafety Law.
72.
The open environment according to the first article of the law means: “soil, water, air and living organisms in it”.
73.
For more details about the duties of the National Biosafety Committee and its mechanism of work, see Article (5 / b / c) of the Biosafety Law.
74.
Article (7 / b, e) of the Biosecurity Law.
75.
Article (10) of the Biosafety Law.
76.
Article (13) of the Biosafety Law.