Biotechnology, Finance and Disputes

In one line

Article 19 produced the Cartagena Protocol, articles 20 and 21 supply the money, and article 27 is the dispute clause nobody uses.

In exam wording: article 19 of the Convention on Biological Diversity provides for the handling of biotechnology and the distribution of its benefits, and in paragraph 3 required the Parties to consider the need for a protocol on the safe transfer, handling and use of living modified organisms, which became the Cartagena Protocol on Biosafety 2000; articles 20 and 21 govern financial resources and the financial mechanism; and article 27 provides for the settlement of disputes.

Article 19: biotechnology

Paragraph 1. Each Party shall take measures to provide for the effective participation in biotechnological research activities by those Parties, especially developing countries, which provide the genetic resources for such research, and where feasible in those Parties.

Paragraph 2. Each Party shall take all practicable measures to promote and advance priority access on a fair and equitable basis by Parties, especially developing countries, to the results and benefits arising from biotechnologies based upon genetic resources provided by those Parties, on mutually agreed terms.

Paragraph 3. The Parties shall consider the need for and modalities of a protocol setting out appropriate procedures, including in particular advance informed agreement, in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology that may have adverse effect on the conservation and sustainable use of biological diversity.

Paragraph 4. Each Party shall, directly or by requiring any natural or legal person under its jurisdiction providing the organisms, provide any available information about the use and safety regulations required in handling them, as well as any available information on the potential adverse impact of the specific organisms concerned, to the Party into which they are to be introduced.

The Cartagena Protocol on Biosafety

Adopted 29 January 2000; in force 11 September 2003. Its central mechanism is advance informed agreement: a Party intending to export a living modified organism for intentional introduction into the environment must notify the importing Party, which may approve, prohibit or request more information.

Its most significant provision for this paper is its treatment of scientific uncertainty. It provides that lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse effects of a living modified organism shall not prevent the importing Party from taking a decision, as appropriate, in order to avoid or minimise those potential adverse effects.

That is the precautionary principle written as an operative rule of decision, and it is the clearest example of it in any biodiversity instrument.

The Protocol also established the Biosafety Clearing-House for the exchange of information, and provides for documentation requirements accompanying shipments.