International Law To Protect The Safety Of Genetically Modified

In the late thirty years, biotechnology, with transgenic technology as its core, has been developed rapidly and applied in fields such as agriculture and medicine with great achievements, which has caused profound influences on society and economy. However, because of scientific uncertainties of influences of transgenic technology and deprived products on human and animal life and health as well as the environment, biosafety, i.e. management of biotechnology so as to minimize its potential risks to the environment and human health, has become an issue with increasing concern of the international community. In this context, the Cartagena Protocol on Biosafety was adopted in January 2000 and came into effect in September 2003. As the first international treaty containing direct stipulations on living modified organisms (LMOs) trade, the Protocol encountered much divergence and controversy in the negotiation process.As a starting point of the Cartagena Protocol on Biosafety, the thesis discusses systematically basing on law how to perfect the regulating law of GMO biosafety in China, combining the knowledge on environmental ethics and administration management, using some analytical methods of positivism, history and comparing. In addition to the introduction and conclusion, the paper contains four main parts:The first part is a summary of the GMO biosafety. First, it explains the concept of biotechnology, transgenic technology and GMO. Then, it analyzes the emergence and rapid development of the transgenic technology and also analyzes the safety Problems of GMO. Furthermore it tidies up the frame system of international law of GMO biosafety, describing the GATT, TBT, SPS and the TRIPs generally as a foreshadowing.The second part is mainly about the fundamental principles and instructions of the Cartagena Protocol on Biosafety, explaining the background of conclusion and general scope of applications of the Protocol and introducing the three key principles and introductions in detail: the AIA, the Risk Assessment and Precautionary Principle.The third Part is mainly about the relationship between the Protocol and the according legal documents of WTO, individually discusses the manifestations of conflicts between the Protocol and the according legal documents of WTO mainly about the SPS and TBT Agreement. The fourth Part introduces accordingly the situation and defects of Chinese legal systems about GMO biosafety. On this basis, the paper sums up China's shortcomings in the legal system, administrative management, and social deficiencies. And the thesis is trying to put forward several advices about our legislation on GMO security. We should establish specialized administrative department. In legislation, we should follow the principles, such as the Precautionary principle and the international cooperation principle. Moreover, the paper thinks that we should establish five basic management systems:The Mandatory Labeling System, the Risk Assessment Principle, the Production Permit System and the Emergency Management System.