Developing a liability and redress regime under the Cartegena Protocol on Biosafety - for damage resulting from the transboundary movements of Genetically Modified Organisms

This paper explores the options for a liabilty regime drawing on potentially similar regimes from other conventions and examing the possibility of tailoring elements of these to fit the circumstances of the Biosafety Protocol.

First, the paper examines the applicable rules of international law and State obligations plus secondary rules that determine those obligations. Secondly, there is an examination of how concepts relevant to the determination of liability and compensation are dealt with in other multilateral treaties. Finally, conclusions are drawn and a checklist of possible elements to include in a liability protocol for GMOs is described.

Among the exisitng liabilty regimes discussed are:

• Convention on International Liability For Damage Caused by Space Objects
• Compensation for oil pollution
• The Basel Protocol on Liability and Compensation Resulting from the Transboundary Movement of Hazardous Wastes and their Disposal

Key elements suggested for consideration in a liabilty regime for GMOs include

• Scope
• Liable parties and recipients
• Standards of liabilty
• Grounds for exoneration
• Responsibilty
• For what kind of damage
• Measuring damage
• Limitations of damage
• Claims procedures
• Procedural rules (eg. burden of proof)