By G. M. La Vina, Ruth Mackenzie
The most target of the advisor is to facilitate the knowledge of the felony tasks of the events lower than the Cartagena Protocol on Biosafety. it's an explanatory advisor, which makes an attempt to supply a data base at the content material and foundation of the provisions of the Protocol. whereas it's was hoping that the advisor will give a contribution to the implementation of the Protocol, it's not meant as an in depth consultant on tips on how to enforce the Protocol on the nationwide point. relatively it makes an attempt to supply an obtainable clarification of the Protocol's provisions and to spot matters which events should want to reflect on as they come to a decision easy methods to enforce the Protocol.
Read or Download An Explanatory Guide To The Cartagena Protocol On Biosafety: IUCN Environmental Law Paper No. 46 PDF
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Extra resources for An Explanatory Guide To The Cartagena Protocol On Biosafety: IUCN Environmental Law Paper No. 46
A provision on the objective is found in most modern multilateral environmental agreements. The purpose of such a provision is to state, in fairly general terms, the aim that the treaty is meant to achieve: the reason for its existence. The provision on the objective establishes the frame within which actions have to be taken, setting the basis for the subsequent provisions with their more specific obligations. It also provides a point of reference or benchmark against which to measure activities undertaken under the treaty.
In addition to these preambular references, negotiators included in the Protocol’s operative text other provisions that are relevant to the Protocol’s relationship to other international agreements: n n n n 54 30 Article 2(4) reflects the same counterbalanced logic of the tenth and eleventh paragraphs of the Preamble. Article 2(4) reserves the right of a Party to take measures that are more “protective” than those provided for in the Protocol. 54 Article 14(1) applies to any future bilateral, regional and multilateral agreements the Parties may enter into “regarding intentional transboundary movements of LMOs”.
The IPPC allows Parties to take phytosanitary measures to prevent the introduction and/or spread of pests, based on a pest risk analysis, which covers both economic and environmental factors including possible detrimental effects on natural vegetation. LMOs that could be considered a plant pest could fall within the scope of the IPPC and be subject to its provisions. 123. The IPPC, which was originally adopted in 1951, amended in 1979 and revised in 1997, incorporates a process for the development of International Standards for Phytosanitary Measures.