On Basic Systems Of International Bio-safety Law

This paper consists of eight parts, including preface, detailed discussions on the six basic systems of international bio-safety law and conclusion. In the part of preface, the paper defines concept of basic systems of international bio-safety law, which is referred as the inherent – but not imposed – component of the international bio-safety law; after that, the paper comments on the current situations of studies on the basic systems of international bio-safety law; and then discusses the pre-requisitions of the basic systems of international bio-safety law from the aspects of practical bases, theoretical bases and jurisprudential technical bases. The six basic systems discussed in the paper are induced based on just these standards. In the part two till seven, the paper includes the basic systems of international bio-safety law as Risk Resistance System, Information Exchanging System, Benefit Sharing System, Right Protection System, Trade Regulation System and Damage Compensating System. The definition, theoretical and legal bases and typical cases are provided for each system, and the problems and suggested solutions are also discussed. As the main body of the paper, the six parts give the detailed discussion from the aspects of theory and practice, international laws and domestic laws of the foreign countries. Among these basic systems, Risk Resistance System has become an well accepted basic system; Information Exchanging System, Benefit Sharing System, Right Protection System and Trade Regulation System have close relationship with the benefits of each countries, thus there are some different viewpoints to the different extent between the countries on the four systems, which are also reflected in the academic community; for the Damage Compensating System, it is the least touched in the international bio-safety law, and the paper designs the major principles and mechanisms of it. In the part of conclusion, the paper points out that the six basic systems should be improved in the further international legislations, and the objects studied by the paper are the basic systems instead of common systems.