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 target of the consultant is to facilitate the knowledge of the felony tasks of the events less than the Cartagena Protocol on Biosafety. it truly is an explanatory consultant, which makes an attempt to supply a knowledge base at the content material and beginning of the provisions of the Protocol. whereas it truly is was hoping that the consultant will give a contribution to the implementation of the Protocol, it isn't meant as a close consultant on the best way to enforce the Protocol on the nationwide point. particularly it makes an attempt to supply an available clarification of the Protocol's provisions and to spot concerns which events will want to think of as they come to a decision the best way to enforce the Protocol.

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124. Under the WTO SPS Agreement, sanitary and phytosanitary measures which conform to certain international standards, guidelines or recommendations are deemed to be necessary to protect human, animal or plant life or health, and thus presumed to be consistent with the SPS Agreement and GATT 1994 (see Appendix). These include standards and guidelines adopted under the IPPC, as well as the Office International des Epizooties and Codex Alimentarius (see below). The Office International des Epizooties (OIE) (1924) 125.

150. The term “mutually supportive” has, furthermore, taken on a particular meaning within the trade and environment context. The term is drawn from the work of the WTO’s Committee on Trade and Environment (WTO-CTE), which has been reviewing the relationship between the WTO and MEAs since 1995. 46 151. In 2001, the WTO Ministerial Conference adopted the Doha Development Agenda, which mandates the WTO-CTE to revisit the relationship between the WTO and MEAs. Ministers agreed, with a view to enhancing the mutual supportiveness of trade and environment, “to negotiations, without prejudging their outcome, on: … the relationship between existing WTO rules and specific trade obligations set out in multilateral environmental agreements (MEAs).

There is a double qualification built into the provision. Firstly, the Protocol is intended to contribute to ensuring protection. It is thus not to be the only means of ensuring protection, but should be supplementary to protective action undertaken in other forms and within other frameworks. This presupposes that other relevant action is being taken, or that it needs to be taken, in addition to the action taken under the Protocol. Such other action may be taken in accordance with the applicable national legislation of countries, or under other existing and future international legal instruments.

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