《卡塔赫纳生物安全议定书》与WTO规则冲突研究

Study on Conflicts between the Cartagena Protocol on Biosafety and WTO Rules

2003年6月13日,随着帕劳群岛的加入,<卡塔赫纳生物安全议定书>(以下称<生物安全议定书>或<议定书>)的生效开始进入倒计时.根据<议定书>第37条规定,九十天后,即2003年9月11日,<议定书>正式生效.联合国秘书长科菲·安南为此致词说:"<卡塔赫纳生物安全议定书>的生效是实现可持续发展的一大重要事件,是全球调和环境保护与发展所做努力的又一里程碑.""议定书的生效是值得欢迎的朝着正确方向迈出的一步.我呼吁其他国家批准议定书并敦促整个国际社会共同努力充分履行议定书条款."

In the late thirty years, biotechnology, with transgenic technology as its core, has been developed rapidly and applied in fields such as agriculture and medicine with great achievements, which has caused profound impacts on society and economy. However, because of scientific uncertainties of influences of transgenic technology and derived products on human, plant and animal life and health as well as the environment, biosafety i.e. management of biotechnology so as to minimize its potential risks to the environment and human health, has become an issue with increasing concern of the international community. In this context, negotiation of an international treaty was initiated in 1996 and the Cartagena Protocol on Biosafety was adopted in January 2000 and came into effect in September 2003. As the first international treaty containing direct stipulations on living modified organisms (LMOs) trade, the Protocol encountered divergence and controversy in the negotiation process. After adoption of the Protocol, compatibility of its provisions with those set in the WTO agreements has turned into a hot issue for dispute in the international forum.