The Regulation of Genetically Modified Organisms and International Law: A Call for Generality

Abstract

Abstract Much has been written on the legal implications of the international regulation of GMOs. This chapter does not reproduce this discussion, but rather considers how general rules of international law, together with more general trends in related legal and policy fields, are likely to prove increasingly apposite in the ongoing debate over how to manage and govern GM activity. In particular, it considers two specific issues: first, the role of treaty interpretation in promoting synergies and reconciling apparently conflicting primary rules; and, secondly, the utility of the concept of sustainable development in determining a balanced framework for the inclusion of socio-economic considerations within GM decision-making processes, as permitted under the Cartagena Protocol. The chapter concludes that an approach which concentrates solely on the regulatory detail will invariably ignore the importance of general international law in regulating such an issue.

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Identifiers

DOI

10.1093/acprof:oso/9780199542482.003.0015

Journal

The Regulation of Genetically Modified Organisms: Comparative Approaches

Year

2010