The Study On The Problems Of International Law Regulation About The Border Crossing Of The Genetically Modified Organisms

Transgenic biological technology is a double-edged sword. It brings benefit to the humanity, while brings threat to biodiversity. In the instance of the economical globalization, there are strong supplies and demand about genetically modified organisms for every country. So, the border crossing of the genetically modified organisms becomes inevitable. The border crossing of the genetically modified organisms causes the threat to the global biodiversity stepping the border, consequently poses the threat to the global biodiversity. With the regulation of the process of the border crossing of the genetically modified organisms is regulated by the international law, we can prevent well the threat by modified organisms and achieve the goal of protecting the global biodiversity.First, "Cartagena Protocol on Biosafety" is the only international law, which directly regulates the border crossing of the genetically modified organisms. It contains the regulations of the border crossing of the genetically modified organisms from the goal to the implementation mechanism of the law, and has saving grace such as Risk Prevention Principle, Advanced Informed Agreement, etc. Whereas, "Cartagena Protocol on Biosafety" has some deficiencies, such as the applicable scope limitation of Advanced Informed Agreement, the lack of the damage compensation responsibility and the absence of the great export nations, which are considered the reasons of perfecting "Cartagena Protocol on Biosafety".Second, as one kind of the international trade, the border crossing of the genetically modified organisms necessarily has relation to the WTO pertinent rules. There are some problems in the application of "Cartagena Protocol on Biosafety" and WTO rules. First, the relationship of "Cartagena Protocol on Biosafety" and the WTO is not clear. Second, there are some conflicts on the concrete regulations. The third, WTO suits the different procedure from "Cartagena Protocol on Biosafety" at the resolution mechanism of conflict. These problems influence the application of "Cartagena Protocol on Biosafety", cause the risk of the border crossing of the genetically modified organisms and weaken the biodiversity protection. So we should resolve these problems.Finally, based on the above analysis, this paper gives some advice to perfect the international law about the border crossing of the genetically modified organisms. It already includes perfecting the main international environment law "Cartagena Protocol on Biosafety", and also includes coordinating the application of "Cartagena Protocol on Biosafety" and the WTO related rules. Perfecting "Cartagena Protocol on Biosafety" mainly includes: perfecting Advanced Informed Agreement and constructing the damage compensate responsibility about the border crossing of the genetically modified organisms. To coordinate the relationship of "Cartagena Protocol on Biosafety" and the WTO related rules, first the equality international law status between "Cartagena Protocol on Biosafety" and the WTO related rules must be clear. Second, "Cartagena Protocol on Biosafety" should be first applied to solve the conflicts of the both concrete rules, according to the special law prior to the general rule. Finally, at the resolution mechanism of conflict aspect, the author thinks we should apply the WTO resolution mechanism of conflict. However, the process should demonstrate fully to respect "Cartagena Protocol on Biosafety" to bring the threat of the border crossing of the genetically modified organisms to biodiversity into consideration.