international negotiations on liability and redress
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DESCRIPTIONInternational Negotiations on Liability and Redress. Overview of presentation. Overview of process Process in the future What do we want? Why do we want this at international level? Issues on the negotiating table Way forward for us?. Overview of Process. - PowerPoint PPT Presentation
International Negotiations on Liability and Redress
Overview of presentationOverview of process Process in the futureWhat do we want?Why do we want this at international level?Issues on the negotiating tableWay forward for us?
Overview of ProcessArticle 27 of Biosafety Protocol establishes mandate for current negotiationsA Working Group was established by COP/ MOP1 in 2004 mandate to:-review information relating to liability and redress for damage resulting from TBM of GMOs;Analyse general issues relating to potential and/or actual damage and scenarios of concern; Elaborate options for elements of rules procedures on liability and redress
Where is the process?4 WG meetings have already taken place4th meeting in Montreal in October 2007, which focussed on elaboration of options for rules and procedures referred;Working document of 53 pages in Annex II of report of meeting
Process in the futureNext WG meeting in Bogot, Colombia 12-19 March 2008-final WG meetingReport to the COP/MOP 4 in May 2008 BonnDeadline expires when need to adopt international rules and procedures
What is important to us?
What do we want?System/scheme for victims to get compensation System to achieve redressEnsure that risks to human health, environment and socio economic harm is coveredPromote prevention of damage
Why?-because of problems with national lawsThese are poorly enforced, are not just, create difficulties for victims to overcome legal hurdles such as causation; the foresee ability test, multiple sources of damage and are too restrictive/inadequateAccess to justice
Issues on the negotiating table (1) International rules and procedures that are binding vs. guidelinesScope: damage from TBM or damage from transport, handling, use, transitDefinition of damage damage from TBM or damage from adverse impacts of GMOs on conservation, sustainable use of biodiv, taking also into account the risks to human health (BSP objective)
Issues on negotiating table (2)Scope of damage:Effects on environ, human health, socio economic damage, costs of prevention, restoration measures=this does not imply liability, only what can be claimed
More issues.Strict liability vs. fault based liabilityExemptions to liabilityCompulsory insurance Limitations on liabilityJoint and several liability
Way forward for us?
What can we do for Colombia meeting?Research from Latin America on the linkages of glyophosate as inextricable part of GMO-in international law contextScandalise the Glyphosate contaminationResearch from Latin America on socio-economic impacts of GMOs in the context of liability and redress and why we need a strong regime?
Further planning for COP MOPStrategise how we wish to use the existing infrastructure for COP MOP Bonn preparations to push our agendas
An international regime will take another 2-3years or more to be concluded in the meanwhile, we have to continue or local, national, and regional struggles.