On Laws And Legislation For The Trade Of Genetically Modified Organisms

Genetically modified technology and genetically modified organisms (GMOs) arose with the rapid development of modern bio-technology. Once merchandised, genetically modified organisms will soon become major trade articles and have a profound influence on the formation of international trade patterns. Confined to technology development, people have different awareness of the potential risks and benefits of both genetically modified technology and genetically modified organisms and thus create hot disputes over genetically modified organisms around the world.The demand for strengthening the management of genetically modified organisms has also been uproaring. Therefore, considering advantages and disadvantages, the governments of different countries draw up distinctive domestic policy and legislation and produce varied management models. So far as international legislation, genetically modified organisms as traditional trade articles are in no doubt restrained under the frame agreements(GATT, SPS, TBT, TRIPs, DSU, etc.) of World Trade Organization on the one hand, and genetically modified organisms as non-traditional trade articles are in great need of unified international standard and rules to make up for the inadequacy of traditional rules on the other. But Cartagena Protocol on Biosafety has much disagreement with the agreements of World Trade Organization on the principles of many issues. Much difference between them on detailed regulations, therefore, leads to trade disputes over genetically modified organisms among the trading countries, which bring about potential conflict with the adopted laws in international trade. In the thesis, the author presents how to deal with the conflict in effective ways and analyses the damage compensation for genetically modified organisms. The author also discusses China's management system for the trade of genetically modified organisms and makes proposals for perfecting relevant laws and legislation.The thesis includes five chapters:Chapter one: Introduce briefly the topic of the thesis, i.e., the trade of genetically modified organisms, genetically modified technology, genetically modified organisms and safety, and current situation of the trade of genetically modified organisms. The countries' different attitude and advocates on the trade of genetically modified organisms lead to trade disputes among the countries. The reasons for disputes are analysed in this chapter.Chapter two: Introduce major countries' laws and legislation for the trade of genetically modified organisms.Chapter three: Probe into the multilateral international rules revelant to the trade of genetically modified organisms. First introduce and analyse the frame agreements of World Trade Organization concerning conventionalizing and managing the trade of genetically modified organisms, i.e., GATT, TBT, SPS, TRIPs, etc.. Then present the multilateral agreements concerning genetically modified organisms, i.e., CBD, BSP, etc.. Finally analyse the conflict and coordination between the frame agreements of WTO and CBD/BSP.Chapter four: Discuss the damage compensation in the trade of genetically modified organisms. Analyse the current situation and existing problems of international legislation for damage compensation for the trade of genetically modified organisms and present proposals for constructing principles and systems of international legislation for damage compensation for the trade of genetically modified organisms.Chapter five: Introduce China's laws and legislation for the trade of genetically modified organisms, analyse the current situation of the trade of genetically modified organisms, the current management situation, and the trend of the development of existing fault, and thus propose the countermeasures for perfecting revelant legislation.