Regulating Agricultural Biotechnology in International Law

Abstract

Biotechnology in agriculture has created a new challenge for many countries to regulate agricultural products resulting from biotechnology. Governments are also facing a challenge of making a balance between tremendous potential benefits of biotechnology and its possible unknown risks.The issues of regulating agricultural biotechnology and its possible risks to the environment have also become an international subject in recent years. Regulating biotechnology has been an agenda of international law since 1992. There are two international treaties which have provisions with respect to the regulation of biotechnology. The Biosafety Protocol, which was adopted by over 130 states in 2000 regulates genetically modified organisms. It applies to the transboundry movement, transit, handling and use of all living modified organisms that may have adverse effect and conservation and sustainable use of biological diversity. A large number of countries have singed and ratified the Biosafety Protocol and the 1992 convention on Biological diversity. Parties to the Biosafety Protocol have made certain decisions including one on agricultural biological diversity. International law provisions relating to the biotechnology in agriculture have been implemented or are in the process of implementation by certain countries which have ratified the Biodiversity Convention and the Biosatefy Protocol. This indicates that international law has an important rule in regulating agricultural biotechnology by individual states. Therefore, the rapidly developing technology and science in the area of agricultural biotechnology and international law have mutual influences.