The role of guarantee of legal and criminal executions in protecting consumer rights in genetically modified products
Subject Areas :
environmental low
elahe soleimani
1
,
Shirin Shirazian
2
,
Maryam afshari
3
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.
2 - Assistant Professor, Department of Environmental Law, Islamic Azad University, Science and Research Branch, Tehran, Iran. *(Corresponding Author)
3 - Assistant Professor, International Law Group, Azad University Damavand Branch, Tehran, Iran
Received: 2023-02-13
Accepted : 2023-05-03
Published : 2023-06-22
Keywords:
Transgenic Products,
guarantee of legal-criminal executions,
protection of consumer rights,
Abstract :
Considering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal system based on the approval of a law specific to these organisms.In this article, using library sources and analytical-comparative method, first of all, the concepts and generalities related to genetically modified products and the difference between the guarantee of executions in the legal system of Iran and the European Union are discussed, the existing challenges and finally the solutions to solve them. These challenges have also been explainedIran's biosafety law, unlike the European Union regulations, does not clarify the compensation system and the method of compensation, and for this reason, it cannot be expected that consumer rights will be properly protected.The biosafety law regarding the rights of consumers of transgenic products has shortcomings and loopholes, which due to the rapid developments in the field of biotechnology, especially the production of more transgenic products and their commercialization, doubles the necessity of its amendment.
References:
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Hutchison, W.D., Soberon, M., Gao, Y. and Bravo, A., 2015. Insect resistance management and integrated pest management for Bt crops: prospects for an area
Wang, L., Haccou, P. and Lu, B.R., 2016. High-resolution gene flow model for assessing environmental impacts of transgene escape based on biological parameters and wind speed. PloS one, 11(3), p.e0149563
Valldor, P., Miethling-Graff, R., Martens, R. and Tebbe, C.C., 2015. Fate of the insecticidal Cry1Ab protein of GM crops in two agricultural soils as revealed by C-tracer studies. Applied microbiology and biotechnology, 99(17), pp.7333-7341.
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Rudall, Jason, Compensation for Environmental Damage Under International Law, Routledge (Taylor & Francis Groop), LONDON and NEW YORK, 2020.
Viney, G. and Jourdain, p., 2003. Les effects de la responsabilite, L.G.D.J. n.368, p.403, 1016.
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Soleimani, Elaha. Salehi Jozani, Gholamreza, review of the state of laws and regulations in the field of genetically modified products and biosafety in the country, Islamic Council Research Center, 2017.
Ghasemi, Nasser, Environmental Criminal Law, first edition, 1380
Qawam, Mir Azim, Criminal Protection of the Environment, Master's Thesis in Criminal Law, Faculty of Law, Shahid Beheshti University, 1373.
Babaei, A., 1380. Civil liability and insurance. Law and Politics Research Journal of Allameh Tabatabai Faculty of Law, vol. 4, pp. 86-90.
Salehi Jozani GH, Tohidfar M, Sadeghi Akram, Biological Safety of Transgenic Products, Publications of Iran Agricultural Biotechnology Research Institute, 2019.
Hutchison, W.D., Soberon, M., Gao, Y. and Bravo, A., 2015. Insect resistance management and integrated pest management for Bt crops: prospects for an area
Wang, L., Haccou, P. and Lu, B.R., 2016. High-resolution gene flow model for assessing environmental impacts of transgene escape based on biological parameters and wind speed. PloS one, 11(3), p.e0149563
Valldor, P., Miethling-Graff, R., Martens, R. and Tebbe, C.C., 2015. Fate of the insecticidal Cry1Ab protein of GM crops in two agricultural soils as revealed by C-tracer studies. Applied microbiology and biotechnology, 99(17), pp.7333-7341.
Ceccarelli, S., 2014. GM crops, organic agriculture and breeding for sustainability. Sustainability, 6(7), pp.4273-4286.
Klümper, W. and Qaim, M., 2014. A meta-analysis of the impacts of genetically modified crops. PloS one, 9(11), p.e111629.
Rudall, Jason, Compensation for Environmental Damage Under International Law, Routledge (Taylor & Francis Groop), LONDON and NEW YORK, 2020.
Viney, G. and Jourdain, p., 2003. Les effects de la responsabilite, L.G.D.J. n.368, p.403, 1016.