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

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