عنوان مقاله [English]
نویسنده [English]چکیده [English]
In response to the requirement under article 27 of the Biosafety Protocol to the Convention on Biological Diversity, further work is needed in order to clarify a system of liability and redress. The Protocol charts out a new direction in the growth and development of modern biotechnology, some concerns raised about biotechnology, such as safe handling, use, and transfer of living Modified Organisms (LMOs). For LMOs intended for direct use as feed, food or processing, the developed countries are, at the beginning, obligated to put in place domestic regularity frameworks, while developing countries, including those with economies in transition, need only make decisions based or risk assessments. The question of legal system for liability and redress left upon to be decided in future.
The main objective of this review is to analyze the adequacy and relevance of such regimes to liability and redress for damage caused by transboundary movement of LMOs, in order to achieve this goal, several points including risk assessments, obligations of the states and operators, export and import of LMOs will also be addressed. Iranian National Biosafety law will also be considered. Then in the light of this study, we will consider different interpretation of article 27 of Cartagena protocol, and at the end it is concluded that it would be better if the liability is based on polluter pays principle. As for as the duties and obligations of the parties are concerned, it is important to consider not exempting the states from liabilities .This is because most entities engaged in biotechnology activities are national agricultural research centers. The states are liable both according to national tort law as well as the international public law, for their illegal acts and non-forbidden acts which cause damage to the others.
While we believe that it is possible and foreseeable to achieve a goal to adopt an international regime on liability and redress in the context of the Cartagena protocol, this research could pave the way for a legally binding instrument in international regime in the future.