Genetically modified organisms and trans-boundary damage: a two-pronged compromise for redress under the liability and redress protocol to the cartagena protocol

Abstract

This paper comments on the two-pronged approach for redress of the eagerly anticipated Nagoya-Kuala Lumpur Supplementary Protocol on liability and redress (the NSP) to the Cartagena Protocol in the event of damage resulting from transboundary movements of living modified organisms (LMOs). State parties to the NSP will be required to set up a domestic administrative mechanism with a national authority to investigate such damage and enable immediate response measures as well as to ensure that civil liability rules and procedures are provided for domestically. This will enable redress for such damage to biological diversity. This paper discusses the limited scope of the LMO-related damage addressed by the NSP and highlights the limitations of these two approaches when compared to a strong international civil liability regime.