The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and. An Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Law Paper No. pages x G. M. La Vina and Ruth Mackenzie. An Explanatory Guide to the Cartagena Protocol on Biosafety: IUCN Environmental Law Paper No. 46 (Environmental Policy & Law Papers) [G. M. La Vina, Ruth.

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Some provisions of the protocol do apply, such as the handling and labeling provisions in Article In some instances, the Parties concerned have to report back on measures taken in accordance with the recommendations. A declaration that the movement conforms to the requirement of ccartagena Protocol should be included by the exporter.

The road to the Cartagena Protocol on Biosafety Phase 1: Compliance mechanisms under other multilateral environmental agreements Among the MEAs that are in force, the most mature compliance mechanism is that of the Montreal Protocol on Substances that Deplete the Ozone Layer.

There is no provision for appeal, except on grounds of procedure.

The negotiations resulted in the adoption of the Cartagena Protocol on January 29, and in accordance with its Article 36 4the Protocol was opened for signature. The legal effect of the objective is such that where a State signs the Protocol and becomes a Party, the Explanatoru should cartagenz to conform to the Objective of the Cartagena Protocol in the ratification process by ensuring that the enacted national law contributes to an adequate level of protection.

These categories of LMOs pose minimal environmental risk as they are not to be introduced to the environment.

Article 3 k Cartagena Protocol on Ot The Party of Import may also subject the LMO destined for contained use to risk assessment prior to any decision. National reports submitted in accordance with Article 33and the self-monitoring to be carried out by each Party in accordance with that provision, are likely to provide an important basis for the work of a future compliance mechanism.

Parties should take cognizance of the fact that, in interpreting treaty language, the primary rule is that a treaty shall be interpreted in good faith in accordance with the ordinary guids to be given to the terms of the treaty in their context and in the light of its object and purpose Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans After several years of work, a compliance mechanism was adopted for the Kyoto Protocol at the 7th meeting of the Conference of the Parties to the Convention in The consequence of a finding of non-compliance will depend upon the type of compliance mechanism that is adopted.


At the time of writing, the compliance mechanism was not yet in effect.

Background to the Cartagena Protocol on Biosafety – ABNE | African Biosafety Network of Expertise

A Party dealing with a non-Party has the burden to ensure that any bilateral, regional and multilateral agreements and arrangements on prootcol movements of living modified organisms are consistent with the objectives of the Protocol. This means that a Party that uses the mechanism under Article International customary laws 15 are norms of behavior observed by numerous states over time which after a while are then considered as binding on all states as an accepted legal requirement.

The ICCP considered the procedures and mechanisms for compliance at its second and third meetings. To examine cases of possible non-compliance, with pprotocol view to proposing a solution, and to make recommendations for concrete responses to the Parties concerned or to the Conference of the Parties to the agreement.

The Cartagena Protocol on Biosafety is the first multilateral international treaty dealing with the transboundary movement of living modified organisms commonly referred to as genetically modified organisms.

explanatory guide to the Cartagena Protocol on Biosafety [2003]

The objective of the Cartagena Protocol sets out the aim of the Protocol and has taken cognizance of the precautionary approach enshrined in Principle 15 of the Rio Declaration on Environment and Development. In the event of a dispute between Contracting Parties concerning the interpretation or protocop of this Convention, the parties concerned shall seek solution by negotiation.

It also expressly states that future compliance provisions should explanatofy separate from the dispute settlement procedure established under Article 27 of the CBD see Box 51which also applies to the Protocol see commentary on Article LMOs in transit or those destined for contained use are exempt from the application of the Advanced Informed Agreement Procedure under the Protocol.


As an information center, the BCH also provides access to other biosafety information exchange mechanisms such explanatroy information available on the United Nations Industrial Organization — Biosafety Information Network and Advisory Services.

explanatory guide to the Cartagena Protocol on Biosafety

The BCH will serve as a repository tbe information necessary for the implementation of the Protocol and will provide a means for the exchange of information between Parties as well as any other international biosafety information mechanism. Unlike a dispute settlement procedure, a compliance mechanism is basically a multilateral and non-confrontational instrument.

The AIA procedure requires that before the first intentional transboundary movement of living modified organisms for the intentional introduction into the environment, the Party of Import must be notified of the proposed transboundary movement The compliance mechanism of the Kyoto Protocol to the United Nations Framework Convention on Climate Change After several years of work, a compliance mechanism was adopted for the Kyoto Protocol at the 7th meeting of the Conference of the Parties to the Convention in The objective of the Cartagena Protocol provides: Article 12 of the Protocol allows a Party to review its biosafetty at any time in light of new scientific information on potential adverse effects on the conservation and sustainable use of biological diversity regarding an intentional transboundary movement.

A Party of Import may opt to use a simple notification procedure in the case of intentional transboundary movement of prootcol modified organisms provided that the Party ensures that adequate measures are applied in accordance with the objectives of the Protocol; Art.

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Text of the Protocol: By contrast, a dispute settlement procedure constitutes a legal and institutional framework for solving conflicts or disagreements between two or more Parties. The contact point for further information together with the name and address of the importer and exporter should also be included.

The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms.