바이오안전성의정서의 의미와 주요내용 (Significance and Major Matter on the Cartagena Protocol on Biosafety)

서지정보

· 발행기관 : 경희대학교 법학연구소
· 수록지 정보 : 경희법학 / 43권 / 1호 / 295 ~ 324페이지
· 저자명 : 장호민, 조선희, 김원희

초록

Modern Biotechnology has developed into highly advanced techniques for the creation of Living Modified Organisms (LMOs) which have applications in every industrial sector and great potential for contributing to human society. These LMOs contain infinite and valuable possibilities for humans in terms of their social, and economic benefits. Taking into account the rapid development and application of LMOs, it would not be difficult for us to find LMOs becoming the huge driving force behind industrial development in the future.
On the other hand, people have had concerns about the development of LMOs since the early 1990s. There has been a great deal of speculation about the potential risks of consuming LMOs or releasing them in to the environment. There have also been numerous concerns regarding transborder effects.
With such concerns, the Biosafety Protocol was adopted to minimize the risks which biotechnology may cause and to maximize the benefit biotechnology may offer, as well as to receive international accountability to act as a functional and effective safeguard.
The Biosafety Protocol is an addendum protocol of the Convention on Biological Diversity (CBD) the ultimate goal of which is to protect biodiversity. In order to achieve such a goal, the Biosafety Protocol adopts the precautionary principle, the advanced informed agreement procedure, and scientific risk assessment. This means that parties are entitled to safety in transboundary movements of LMOs, as well as in movements within their respective borders. In this context, it is essential for countries to ratify the Biosafety Protocol in a timely manner if they are to protect public health and the environment from the potential risks of LMOs while promoting the industries related to LMOs on a sound basis.
Many countries around the world have established laws and guidelines for managing the import and export of LMOs in order to protect people and the environment within the native territory from potential risks which may originate from LMOs. It goes without saying that the procedures of the Protocol are reflected in those national regulatory regimes.
Korea became a party to the Biosafety Protocol on January 1st, 2008. At the same time, Korea is in the process of implementing a national basic law on LMOs that includes the transboundary movement procedures stipulated in the Protocol.
This study considers the significance of the Biosafety Protocol as well as its major components. Part Ⅱ looks at the circumstances and background of the adoption of the Biosafety Protocol. In Part Ⅲ, the main contents of the Biosafety Protocol are analyzed. Part Ⅳ looks into the status of each nation’s domestic efforts to implement the Biosafety Protocol. Finally, Part Ⅴ examines and prospects the significance of the Biosafety Protocol.

영어초록

Modern Biotechnology has developed into highly advanced techniques for the creation of Living Modified Organisms (LMOs) which have applications in every industrial sector and great potential for contributing to human society. These LMOs contain infinite and valuable possibilities for humans in terms of their social, and economic benefits. Taking into account the rapid development and application of LMOs, it would not be difficult for us to find LMOs becoming the huge driving force behind industrial development in the future.
On the other hand, people have had concerns about the development of LMOs since the early 1990s. There has been a great deal of speculation about the potential risks of consuming LMOs or releasing them in to the environment. There have also been numerous concerns regarding transborder effects.
With such concerns, the Biosafety Protocol was adopted to minimize the risks which biotechnology may cause and to maximize the benefit biotechnology may offer, as well as to receive international accountability to act as a functional and effective safeguard.
The Biosafety Protocol is an addendum protocol of the Convention on Biological Diversity (CBD) the ultimate goal of which is to protect biodiversity. In order to achieve such a goal, the Biosafety Protocol adopts the precautionary principle, the advanced informed agreement procedure, and scientific risk assessment. This means that parties are entitled to safety in transboundary movements of LMOs, as well as in movements within their respective borders. In this context, it is essential for countries to ratify the Biosafety Protocol in a timely manner if they are to protect public health and the environment from the potential risks of LMOs while promoting the industries related to LMOs on a sound basis.
Many countries around the world have established laws and guidelines for managing the import and export of LMOs in order to protect people and the environment within the native territory from potential risks which may originate from LMOs. It goes without saying that the procedures of the Protocol are reflected in those national regulatory regimes.
Korea became a party to the Biosafety Protocol on January 1st, 2008. At the same time, Korea is in the process of implementing a national basic law on LMOs that includes the transboundary movement procedures stipulated in the Protocol.
This study considers the significance of the Biosafety Protocol as well as its major components. Part Ⅱ looks at the circumstances and background of the adoption of the Biosafety Protocol. In Part Ⅲ, the main contents of the Biosafety Protocol are analyzed. Part Ⅳ looks into the status of each nation’s domestic efforts to implement the Biosafety Protocol. Finally, Part Ⅴ examines and prospects the significance of the Biosafety Protocol.

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