TITLE:
Liability for Transboundary Damage of Genetically Modified Organisms: Existing Patterns and Application
AUTHORS:
Chunyi Liu
KEYWORDS:
Genetically Modified Organisms, Transboundary Damage, Liability Patterns, A Hybrid Approach of Liability
JOURNAL NAME:
Beijing Law Review,
Vol.12 No.1,
February
4,
2021
ABSTRACT: Normative analysis found that for the application of liability for transboundary damage to genetically modified organisms, there are currently three liability patterns: traditional state liability, private law liability, and liability for transboundarydamage. It will not be an effective solution to the problem ofpenalty for damages,if the above liabilitypatterns apply to transboundary damage of genetically modified organismsseparately.And this approachis inconsistent with the legal principles of relevant international law and judicial practice. So this article uses method of legal interpretation to analyze and interpret the provisions of Convention on Biological Diversity,The Cartagena Protocol on Biosafety and The Nagoya-Kuala Lumpur Supplementary Protocol to clarify the true meaning of the provisions in depth, and eliminate errors and omissions.At the same time, this article uses the method of theoretical analysis to analyze the existingliabilitypatterns.Finally,we found, the principle of timely and adequate compensation for victims should be implemented in complex realities, and genetically modified damage should be dealt withand in accordance with the attributes of damage, causation and other factors.According to these factors, we will divide transboundary damage ofgenetically modified organisms into threetypes: intentional transboundary movement, unintentional transboundary movement and illegal transboundary movement. To dividethe transboundary damage to genetically modified organisms and applydifferent liabilitypatternsaccording to different situationsshould be the best approach.