The Cartagena Protocol on Biosafety: Precautionary Priority in Biotech Crop Approvals and Containment of Commodities Shipments

摘要

The 2003 Cartagena Protocol on Biosafety (Protocol) represents the first international environmental agreement addressing genetic engineering of living organisms, including crops improved using modern biotechnology (biotech crops). However, the new rules issued by the Protocol may considerably complicate the process of feeding the world through bulk commodities exports from nations that use biotech crops. This article will review the past ten years of expansion in agricultural biotechnology and the industry's effort to fit the research pipeline of biotech crops into the export pipeline. While parts of the world will want to know which traits are present in incoming commodities shipments, there are practical and legal limits to the identification of biotech traits in bulk commodities shipments which will be discussed in this article. If commercially unreasonable approaches are adopted which require the listing of traits of biotech crops in commodities exports, the introduction of new biotech crops that are not approved for export to major markets may disrupt the export pipeline if they commingle with exports at any trace level. With careful agricultural environmental management, however, both the research pipeline and commodity export pipeline can flow with minimal disruption of either innovation or exportation. The World Trade Organization (WTO) and related reference bodies can assist in expediting commodity flows, while resolving any disputes that arise over protectionism or scientifically unjustifiable barriers to trade.