| With the technical and fast development of modern living creature, thegenetically modified technique and the Genetically Modified Organismsappeared. Be subjected to the restrict that the level of the techniquedevelopment, the people don't make an explicit science conclusion towardsthe genetically modified technique and the GMOs, this result in concerningthis problem inside the current global scope of vigorous issue. All countriesgovernment drew up utterly local policy laws of each difference, producedthe different management mode, also work hard to look for the unitedinternational standard and international rule to make up this kind ofdifference. Under this kind of background the Biosafety Protocol beard. TheBiosafety Protocol is the first international law of Living ModifiedOrganisms which has the modern living creature technique. It mainly rulesthe advanced informed agreement, prevention principle, conveyance, packingand markings and point of disputes to resolve etc. But its biggest missing isthat it hasn't a definitely concrete provision of the indemnificationresponsibility problem which caused by the GMOs.The full text is divided into four chapters.Chapter One made the analysis towards GMOs to carry on theintroduction to combine as to its'gains or losses. The Genetically ModifiedOrganisms means applied modern living creature technique, duct into theparticular and outside source gene, thus acquire the improvement livingcreature species and its finished products of have the particular sex forms. Itovercomes of the species to grow the obstacle, carrying out the commutationand the reorganization of a heredity material of the species. The geneticallymodified farm crop own of characteristic mainly include to resist the plantdiseases and insect pests, resist the herbicide, and raise the nourishment value.The advocator of the genetically modified technique point out that thegenetically modified technique can produce the environment performance.For example, to resist the pest through an expansion, the farm crop of theherbicide can reduce to the chemistry medicine that the farm crop had beenthrown in. However the GMOs also exist the huge risk and suffer. The mainperformance is in the plant ecosystem risk, food safe risk, healthy risk and thesocial ethics the risk of the morals etc. For example, the genetically modifiedfarm crops which have be released in the big farmland can cause a damage tothe soil, the wild and near good luck kind crop, the common farm crop, theclose together plant. Whether the GMOs have a harm to the mankind and theanimals. Whether the treat medicine, the human body organization organwhich produced by the GMOs can guarantee the health of the human body.The writer concerns the environment of damage and this damage may causethe people's enough value. This main performance at:(1) The GMOs mayproduce the disadvantageous influence to the non-target species. In additionto producing the poison to harm and make it to die to the pest, the GMOs ofThe anti-insect, the anti-disease and herbicides can produce a directinfluence to many beneficial living creatures within environments, even makeit die. (2) If the GMOs and the modern crops, the GMOs and the wildingcrops give the powder each other, then it can produce the gene to genetic driftand it can produce a damage to the diversity of living creature. Thus thetraditional farm crop manufacturer may face the economic loss. (3) Lead thenot original living creature grow or the foreign species into the environmentsystem will instead the original living creature. The people worry about therelease of the GMOs will bring about disadvantageous influence on themankind's existence environment. The GMOs have the new advantage togrow the cluster quickly, thus affect the ecosystem balance.Currently all countries present a dissimilarity management mode aboutthe GMOs, and Chapter Two gives a introduction about it. EU, Russia,Thailand, Brazil adopt the strict management towards the GMOs. Oppositethe United States, Canada, Chile, Uruguay lays claim to adopt the loosepolicy towards the GMOs. The writer thinks that because of the safe worryand economic benefits towards the GMOs, the international community adoptthe dissimilarity management measure. Along with the genetically modifiedtechnique develop continuously, when people know of the benefit, they alsoknew of the latent risk. Though lacking affirmative or negative scienceaccording, people have a widespread concern that the GMOs may damage theecosystem environment and mankind healthy. Because of this, EU adopts thestrict management towards the GMOs. THe relevant latest law provisionabout the GMOs mark means: as long as the gene composition in the productis over 1%, it must give the elucidation in its label. EU committee mean, aslong as science technique develops and can examine to produce 1% in articlethe following the gene content, the limitative laws will be more strictly. Allcountries draw up their GMOs management laws also meet the considerationof economic benefits theirs own. For example, American have alreadycontrol the very big quota of the GMOs market currently, and can manipulatethe market price. The strict management will injure its benefits so consistentassertion in the United States adopts the loose management mode towards theGMOs.Chapter Three mainly introduced BSP. The Biosafety Protocol is thefirst international law of Living Modified Organisms which has the modernliving creature technique. The main provision is the advanced informedagreement, the prevention principle, point of dispute to resolve etc. Theexport country must get the explicit approval of the imports supervisorauthorities before they export the LMOs. According to in the risk valuationon science foundation, the import supervisor authorities should make whetherallows to import or not or request further decision of obtain the data. But thereisn't science hard conclusion to the threat of the ecosystem environment andmankind the safety of the LMOs. To carry on the risk valuation, EU andthe Miami group adopted the prevention principle. That principle means ifthere isn't a well related science data and knowledge, as a result lacking thecircumstance of science hard conclusion, according to that principle, importcan consider the feeling to import the problem to do a decision, to avoid orreduce the latent disadvantageous influence with maximum limit. Accordingto the prevention principle, if appeared the new science proof, the import cancarry on a fresh judge. Because of lacking the concrete rule and restricts,when a country carries on a decision according to that principle, it well bringsa new trade protection doctrine.Chapter Four is the problem of the indemnification responsibility to thedamage which cause by the GMOs. Currently, EU have the most typicalprovision towards the indemnity responsibility problem. The relevantordinance of the EU have no specially the environment of rule the GMOsinjures the responsibility problem, and put the problem into the commonbody law system. EU limits the meaning scope of the "injure"and onlyinclude the diversity of the habitat damage and the living creatures'injure.The BSP turns main concentration on the LMOs'across the border. Forthe indemnity responsibility problem, because some nations and therepresentative of the living creature technique industry opposes strongly toput the rule of the responsibility problem into the negotiate book, thus thereisn't a concrete provision to the indemnity responsibility problem in thenegotiate book. Some damages that caused by the GMOs and belongs to thetraditional type. Such as the Human body injury and property loss. Howeverthe writer think many problems still exists in fields such as the living creatureenvironment, the damage of the public environment and the living creaturediversity. The first is the existing international responsibility method mainlyrules the single pollution trouble which can be proved. The GMOs also maytake place this kind of trouble. If the GMO's control is suddenly out of order,...
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