Legal Tools to Resolve Biosafety Challenges of Transgenic Products in the Light of International Environmental Law

Subject Areas : environmental low

elahe Soleymani Murche Khurti ¹ , Shirin Shirazian ² , Maryam Afshari ³

1 - PhD student in environmental law. Department of Environmental Law, Faculty of Natural Resources and Environment, Science and Research Unit, Islamic Azad University, Tehran, Iran.
2 - - Assistant Professor, Department of Environmental Law, Islamic Azad University, Science and Research Branch, Tehran, Iran. *(Corresponding Author)
3 - Department of Law, Damavand Branch, Islamic Azad University, Damavand, Iran

Received: 2021-12-14 Accepted : 2022-05-10 Published : 2024-03-20

Keywords: Biosafety, Transgenic, Environment, Law.,

Abstract :

Considering the global spread of production and consumption of transgenic products and due to the importance of taking required measures and having necessary regulations for safely use of these products and to avoid potential dangers to the environment and their health, it is very critical for each country to codify laws and regulations on biosafety. Thus, it is essential to make, approve and implement proper laws and regulations at the national level. The present study reviewed biosafety laws and regulations in Iran and their shortcomings as well as biosafety laws of 10 countries from Europe, Asia, America and Oceania. Except for World Trade Organization and Nagoya-Kuala Lumpur Supplementary Protocol, Iran has acceded to all related protocols and regulations. Moreover, Biosafety National Law, Paragraph (b) of Executive Regulations of Article (7) of the Biosafety Law and executive instructions of Ministry of Agriculture, Ministry of Health and Medical Education and Department of Environment have been ratified in Iran. The studies show that the text of Biosafety National Law has some shortcomings and as a result, executive regulations and instructions of competent executive organizations have many problems. Therefore, in this study, Iran’s Biosafety National Law and related regulations were reviewed and compared with the text of Cartagena Protocol on Biosafety and also biosafety laws in 10 countries from four different continents with different viewpoints (from Asia: China, Japan, India; from Europe: European Union, Germany and Spain; from America: Brazil, Argentina, Canada and America; from Oceania: Australia). The countries are or are not parties to the Cartagena Protocol and are active in production, release and consumption of transgenic products. In doing so, the study has tried to define strengths and weaknesses of Biosafety National Law and related instructions and develop a proper framework for it.

References:

1. Salehi Jozani Gh, Tohidfar M, Sadeghi Akram, Biosafety of transgenic crops, Iran Agricultural Biotechnology Research Institute Publications, 2010. (In Persian)
2. Soleimani Elahe, Salehi Jozani Gh. R, 1397, Review of the status of laws and regulations in the field of transgenic products and biosafety in the country, Report No. Z.P. 1275 dated 10/4/197 Research Center of the Islamic Consultative Assembly. (In Persian)
3. ISAAA. 2018. Global Status of Commercialized Biotech/GM Crops in 2018: Biotech Crop Adoption Surges as Economic Benefits Accumulate in 22 Years. ISAAA Brief No. 54. ISAAA: Ithaca, NY.
4. Bawa, A.S. and Anilakumar, K.R., 2013. Genetically modified foods: safety, risks and public concerns—a review. Journal of food science and technology, 50(6), pp.1035-1046.
5. Eckerstorfer, M.F., Engelhard, M., Heissenberger, A., Simon, S. and Teichmann, H., 2019. Plants developed by new genetic modification techniques-comparison of existing regulatory frameworks in the EU and nonEU countries. Frontiers in bioengineering and biotechnology.
6. https://gmo.geneticliteracyproject.org/FAQ/where-are-gomes-grown-and-banned Smyth, S. J. (2017). Canadian regulatory perspectives on genome engineered crops. GM Crops Food 8, 35–43. doi: 10.1080/21645698.2016.1257468
7. Available at: https://fas.org/biosecurity/education/dualuse - agriculture/2.-agricultural biotechnology/us - regulation - of – genetically – engineered-crops.html.
8. Hartung, F., and Schiemann, J. (2014). Precise plant breeding using new genome editing techniques: opportunities, safety and regulation in the EU. Plant J. 78, 742–752. doi: 10.1111/tpj.12413
9. Mathur, V., Javid, L., Kulshrestha, S., Mandal, A. and Reddy, A.A., 2017. World Cultivation of Genetically Modified Crops: Opportunities and Risks. In Sustainable Agriculture Reviews (pp. 45-87). Springer, Cham.
10. Kuzma, J. (2016). A missed opportunity for U.S. biotechnology regulation. Science 353, 1211–1213. doi: 10.1126/science. aai7854
11. Hilbeck, A., Binimelis, R., Defarge, N., Steinbrecher, R., Székács, A., Wickson, F., Antoniou, M., Bereano, P.L., Clark, E.A., Hansen, M. and Novotny, E., 2015. No scientific consensus on GMO safety. Environmental Sciences Europe, 27(1), p.4.