Development Of International Regimes On Biological Diversity

With the development of modern technology, we human beings have a more adequate knowledge of the earth. Biodiversity, ecosystem and the issues of biological safety come into our field. The United Nations Conference on the Human Environment which is hold on seventies of last century, actively discussed issues related to biodiversity protection by the international community. For the subsequent two decades, biodiversity is increasingly concerned by the international community. 1990s " the Convention of Biological Diversity " is signed in Rio de Janeiro. The signing of the treaty is a milestone in international environmental legislation for the protection of the human beings. With the advancement of technology, we continue to explore the natural world and human biology. Biotechnology comes into people’s views and slowly changes the way people live. Biotechnology involves not only biological safety issues related to food security, but also is vital to human life and a series of safety problems. The global biotechnology industry in the developed countries has been established which continues to improve the existing system of domestic biotechnology. The other part of the world is made of the very important countries----developing countries. However, due to various reasons these countries have just started. So an international treaty which concerns about biological safety issues with a legally binding is crucial. So it has come into being within the framework of "the Convention of Biological Diversity " and "the Cartagena Protocol on Biological safety", "the Cartagena Protocol on Biological Safety" is focused on living modified organism itself, trade and cross-border transfers and other issues. As early as 1981, the World Conservation Union started drafting an international convention on the protection of biodiversity. In 1992, the "Convention on Biological Diversity" signed. After the world notices the importance of biodiversity, it reaches a consensus on this issue. The parties commence negotiations on this issue, with a final question on how to deal with other effects of biological diversity and its possibility to propose a solution acceptable to all parties. In this process, participating in the system, different political parties of the negotiations have different levels of economic development along with different the extent of biodiversity richness. They have their strengths and weaknesses. In the negotiations, the countries according to their own interests gradually form different interest groups. With the game between nations and interest groups, negotiations during the entire convention go back and forward, eventually achieve some results."The Convention of Biodiversity " and "the Cartagena Protocol on Biological Safety" is an international treaty designed to be governed by transferring modern biotechnology products LMOs (Living Modified Organisms, referred LMO) from one country to another country. On 29 January 2000, the Protocol as a supplementary protocol of the Convention on Biological Diversity was adopted, and on September 11, 2003 to take effect. "Precautionary principle" and "prior informed consent" are the two most important principles of "the Cartagena Protocol on Biological Safety". Between developed and developing countries on relevant principles launched a game, but interestingly, also it produced differences between developed countries, with the United States and the European Union as representatives. The main difference is that the EU insists that will the releasing of LMOs into the environment for the management should take preventive prior to the transfer of genetically modified organisms may bring harm and uncertainties to a minimum, while the United States adheres to the science-based the precautionary principle. Such differences in the negotiations produced a fierce collision, and eventually adopted a compromise, leaving a space of freedom for countries to react. It turns out that the actual transgenic trade friction is inevitable.Finally, taking an actual case between the U.S. and Europe as the end, try to reflect the presence of specific examples."The Cartagena Protocol on Biological safety" is a landmark which defects and cannot be ignored. The U.S. and EU litigation dispute on genetically modified agricultural products is the first court cases related to the transboundary movement of living modified organisms within the WTO framework, reflecting the long-term game between the United States and Europe. The two sides of specific trade conflicts under the WTO framework root in what Department, which holds the principle of mutual, what’s the difference of their cross-border transfer of LMOs and approval for foreign trade rules trade. Also questioning how the "the Convention on Biological Diversity" "the Cartagena Protocol on Biological Safety" as well as the prospect of WTO rules solves these problems.They get more and more attention of the publicity. This thesis is mainly focus on the development of international institutions of biodiversity, taking the Cartagena Protocol on Biological Safety as a study case. We discuss the different views of Living Modified Organisms from different parts of the world and their efforts to build a consensus international institution. Along with a typical case, we could see how the rules work in the real world.