An Explanatory Guide To The Cartagena Protocol On Biosafety: by G. M. La Vina, Ruth Mackenzie
By G. M. La Vina, Ruth Mackenzie
The most objective of the consultant is to facilitate the certainty of the criminal responsibilities of the events lower than the Cartagena Protocol on Biosafety. it's an explanatory advisor, which makes an attempt to supply a knowledge base at the content material and starting place of the provisions of the Protocol. whereas it really is was hoping that the consultant will give a contribution to the implementation of the Protocol, it's not meant as an in depth consultant on tips to enforce the Protocol on the nationwide point. relatively it makes an attempt to supply an available rationalization of the Protocol's provisions and to spot matters which events probably want to think of as they come to a decision find out how to enforce the Protocol.
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D. Other provisions Biosafety Clearing-House 100. The Protocol establishes a Biosafety Clearing-House as part of the ClearingHouse Mechanism under Article 18(3) of the CBD. The function of the Biosafety ClearingHouse is to facilitate the exchange of scientific, technical, environmental and legal information on, and experience with, LMOs and to assist Parties to implement the Protocol. Article 20(3) sets out certain categories of information that Parties are to make available to the Biosafety Clearing-House.
Implications of the Protocol 114. The overview of the provisions of the Protocol above suggests that it is likely to have significant implications for countries that become Party to it. Developing and implementing appropriate national reguations to regulate imports of LMOs is likely to require significant human, financial and technical resources. As noted above, while the Protocol does address capacity-building and financial resources, the scope of these provisions is not yet clear, and will require further development in the form, in particular, of further guidance from the Conference of the Parties to the GEF.
Several operative provisions of the Protocol refer back to the objective in terms of the standard of conduct required by Parties (see for example Articles 2(4), 14, and 24) 161. 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.