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Summary:

"The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety was adopted on 15 October 2010 in Nagoya, Japan. The Supplementary Protocol provides international rules and procedures in the field of liability and redress relating to living modified organisms (LMOs) in response to damage caused by those LMOs to the conservation and sustainable use of biological diversity, taking into account risks to human health. The adoption came at a time when doubts had been raised about the efficacy of multilateral environmental diplomacy after the collapse of the climate change negotiations in 2009 at Copenhagen, and indeed, the Supplementary Protocol was the first universal environmental treaty adopted since the Stockholm Convention on Persistent Organic Pollutants in 2001. This book examines in depth the prelude to, the negotiation over, and the legal significance of the core provisions of the Supplementary Protocol focusing particularly on its incorporation of an administrative approach to liability for biodiversity damage, rather than a fully-fledged civil liability regime. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties and the chapters will thus provide valuable insights into the environmental treaty-making process. Topics covered include: legal structure of the Supplementary Protocol; the role of science and scientists in implementation process; the interaction of elements of administrative approach to liability with domestic legal systems and WTO law; and comparisons with the EU Environmental Liability Directive. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century and argues that the liability approach of the Supplementary Protocol illustrates the historical development of States' obligations under international law to address transboundary harm caused by activities within their jurisdictions or under their control"-- [Provided by publisher]

Table of Contents:

• Machine generated contents note: 1. Introduction: the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress / Akiho Shibata
• pt. I context and negotiation
• 2. new dimension in international environmental liability regimes: a prelude to the Supplementary Protocol / Akiho Shibata
• 3. Negotiating the Supplementary Protocol: the Co-Chairs' perspective / Jimena Nieto Carrasco
• pt. II significance and critiques
• 4. legal significance of the Supplementary Protocol: the result of a paradigm evolution / Rene Lefeber
• 5. Administrative approach to liability: its origin, negotiation and outcome / Alejandro Lago Candeira
• 6. scientific perspective on the Supplementary Protocol / Reynaldo Akiel Alvarez-Morales
• 7. Civil liability in the Supplementary Protocol / Gurdial Singh Nijar
• 8. One legally binding provision on civil liability: why it was so important from the African negotiators' perspective / Mahlet Teshome Kebede
• 9. Trade and the Supplementary Protocol: how to achieve mutual supportiveness / Rodrigo G. A. Lima
• 10. Supplementary Protocol: a treaty subject to domestic law? / Kathryn Garforth
• pt. III implementation
• 11. Challenges and opportunities in the implementation of the Supplementary Protocol: re-interpretation and re-imagination / Dire Tladi
• 12. Supplementary Protocol and the EU Environmental Liability Directive: similarities and differences / Dorith H. Dongelmans
• 13. Japanese approach to the domestic implementation of the Supplementary Protocol / Tadashi Otsuka
• 14. industry's Compact and its implications for the Supplementary Protocol / Phil Goldberg
• 15. Conclusion: beyond the Supplementary Protocol / Akiho Shibata
• Appendices
• Appendix 1 Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010, at Nagoya, Japan

• Appendix 2 Decision BS-V/11 (2010): International rules and procedures in the field of liability and redress for damage resulting from transboundary movements of living modified organisms, adopted on 15 October 2010
• Appendix 3 Paragraphs 128-139 of the Report of the Fifth Meeting of the Conference of the Parties to the Convention on Biological Diversity Serving as the Meeting of the Parties to the Cartagena Protocol on Biosafety, adopted on 15 October 2010
• Appendix 4 Core Elements Paper submitted by the Co-Chairs of the Ad Hoc Working Group at its fifth meeting in Cartagena, Colombia, March 2008.

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Contributors:

Shibata, Akiho, 1965- , editor

Languages:

English

Language Notes:

Item content: English

Related Series:

Routledge research in international environmental law

Subjects:

Convention on Biological Diversity (1992 June 5) — Protocols, etc. (2010 October 29)

Liability for environmental damages

Biodiversity conservation — Law and legislation

Environmental law, International

General Notes:

Includes bibliographical references and index.
Electronic reproduction. Ipswich, MA Available via World Wide Web.
Description based on print version record.

Physical Description:

1 online resource.

Call Numbers:

K955 .I55 2014

ISBNs:

9781317910787 (electronic bk.)
1317910788 (electronic bk.)
9780415722421 [Invalid]
041572242X [Invalid]

OCLC Numbers:

874965407

Other Control Numbers:

748311 (source: EbpS)
[Unknown Type]: ybp11726261