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Biological diversity (CBD)

Biosafety scoping study

What are developing countries doing to regulate biosafety?



Authors: K. Garforth (ed); S. Manga (ed); C. Frison (ed)
Publisher: Centre for International Sustainable Development Law, 2008

This scoping study examines the current context for biosafety and how this has been applied in the development of new national biosafety regulatory regimes. The field of biosafety, which arose from the development of modern biotechnology, was initially largely the domain of developed countries. However, developing countries succeeded in including them in negotiations on the Convention on Biological Diversity (CBD), which now contains provisions on biotechnology.

The authors note much work remains both to elaborate the provisions of the Biosafety Protocol and to implement its requirements. Its scope is limited and other international agreements, particularly the WTO’s Agreement on the Application of Sanitary and Phytosanitary Measures, also include relevant rules. Whether these different agreements can be implemented in accordance with the rules of the others remains unclear. The study aims to provide clear information to address some of these issues.

In conducting the scoping study, CISDL consulted with a range of different actors on biosafety research needs. The resulting series of questions falls into five categories:

  • national and international biosafety governance
  • social and economic issues
  • biotechnology questions
  • technical questions of compliance
  • sustainable development and the Biosafety Protocol.

The study concludes with three recommendations:

  1. There is a need for developing countries to implement solid biosafety regulatory regimes now, in accordance with their specific concerns and priorities, and with regional and international support
  2. There is a need for significant support to focused, multidisciplinary biosafety research, capacity building and development in developing countries, paying equal attention to the regulatory and scientific aspects
  3. It is time for all actors in developing country governments, scientific communities, legal communities and civil society to start “acting” rather than “expecting”.