The Definition of Damage Resulting from Transboundary Movements of Living Modified Organisms in Light of the Cartagena Protocol on biosafety
- Autores: Juan Francisco Escudero Espinosa
- Localización: The Canadian Yearbook of International Law, ISSN 0069-0058, Vol. 47, Nº. 47, 2009, págs. 319-342
- Idioma: inglés
- Enlaces
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Resumen
The concept of risk requires preventative measures as well as measures of liability and redress in the case that damage is actually caused.The Cartagena Protocol on Biosecurity limits itself in Article 27 to the establishment of a mandate for the elaboration of norms and procedures in regard to liability and redress. The fulfillment of this mandate requires,first, a definition of the concept of damage to the conservation and sustainable use of biological diversity; second, a survey of the extent of damage to health; and, third, the consideration 01socio-economic aspects. In this conlext,thisartitJ analyzes the concept 01 damage in the international instrumentsthal~ with this material, taking into account levels 01 implantation. TheGrld concludes by presenting a definition 01 damage lar use in thecontexotf* development 01 the content 01Article 27, using an administrativeflJ(1J.l regard to the concept of damage for civilliability in domestic/aw.
