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학술논문과학기술법연구2011.12 발행KCI 피인용 4

나고야-쿠알라룸푸르 추가의정서 이행을 위한 입법 방안

Legislative Measures for the Implementation of Nagoya-Kualalumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety

이세정(한국법제연구원)

17권 2호, 47~84쪽

초록

While living modified organisms (LMOs) promise to benefit the humanity to develop quality foods and new medicines to cure certain diseases, they may pose great risks to both humans and the environment. Therefore, in order to secure safety to use LMOs and to compensate any damage incurred by LMOs, it is required to enact legislative mechanism to protect humans and the environment. At the international level, the Nagoya-Kualalumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety that will lay the foundation for a new system for the liabilities and redress stipulated by Article 27 of the Cartagena Protocol on Biosafety was signed in November 2010. The current LMO Act that is an enforcement act of theCartagena Protocol on Biosafety don`t to define liabilities and redress for any damage incurred by LMOs, and neither do other acts. In order words, Korea has yet to enact a specific law to address such damage. Therefore, Korea should legislate a new law to deal with liabilities and redress for any damage incurred by LMO's by taking into account the Nagoya-Kualaumpur Supplemantary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety. To this end, this paper propose legislative measures and directions.

Abstract

While living modified organisms (LMOs) promise to benefit the humanity to develop quality foods and new medicines to cure certain diseases, they may pose great risks to both humans and the environment. Therefore, in order to secure safety to use LMOs and to compensate any damage incurred by LMOs, it is required to enact legislative mechanism to protect humans and the environment. At the international level, the Nagoya-Kualalumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety that will lay the foundation for a new system for the liabilities and redress stipulated by Article 27 of the Cartagena Protocol on Biosafety was signed in November 2010. The current LMO Act that is an enforcement act of theCartagena Protocol on Biosafety don`t to define liabilities and redress for any damage incurred by LMOs, and neither do other acts. In order words, Korea has yet to enact a specific law to address such damage. Therefore, Korea should legislate a new law to deal with liabilities and redress for any damage incurred by LMO's by taking into account the Nagoya-Kualaumpur Supplemantary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety. To this end, this paper propose legislative measures and directions.

발행기관:
과학기술법연구원
DOI:
http://dx.doi.org/10.32430/ilst.2011.17.2.47
분류:
기타법학

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나고야-쿠알라룸푸르 추가의정서 이행을 위한 입법 방안 | 과학기술법연구 2011 | AskLaw | 애스크로 AI