Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 470-489 |
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Yazdani M R, Rafiei M T, Vahdati Shobeyri S H. Compensation Fund or Insurance Obligation; Missing Links in the Field of Genetically Modified Products; With a Study of
Similar International Documents. MLJ 2025; 19 (60) :470-489
URL: http://ijmedicallaw.ir/article-1-1707-en.html
URL: http://ijmedicallaw.ir/article-1-1707-en.html
1- Department of Private Law, Neyshabur Branch, Islamic Azad University, Neyshabur, Iran.
2- Department of Energy Law and International Trade, Faculty of Law (Farabi Schools), University of Tehran, Qom , Iran
3- Department of Law, Faculty of Law , University of Qom, Qom, Iran
2- Department of Energy Law and International Trade, Faculty of Law (Farabi Schools), University of Tehran, Qom , Iran
3- Department of Law, Faculty of Law , University of Qom, Qom, Iran
Abstract:
Background and Aim: Genetically modified products have the potential to cause human and financial damage that may affect both individuals and the environment. What is certain is that the international community has recognized the possibility of danger posed by genetically modified organisms and in respect of this possibility, countries around the world have adopted the Cartagena Protocol on Biosafety in order to achieve biodiversity while addressing concerns related to human health and with the aim of not creating obstacles to the progress of biotechnology. The members of this protocol, relying on the informed and voluntary consent of the parties (exporter and importer) and completing the initial agreements, have also moved towards determining a plan for adopting a liability regime and finally adopted the Nagoya-Kuala Lumpur Additional Protocol.
Method: This research was conducted using a descriptive-analytical method and based on library studies and reference to documents.
Ethical Considerations: Throughout all stages of writing this research, integrity and honesty have been maintained while maintaining the originality of the text.
Results: The Biosafety Protocol and the Nagoya-Kuala Lumpur Additional Protocol require the adoption of a binding mechanism for compensation for damage caused by genetically modified products and its assurance, along with measures to mitigate the risks arising from it.
Conclusion: Considering the necessity that the Biosafety Protocol and the Nagoya Kuala Lumpur Additional Protocol, like similar international documents, require the adoption of a binding method for compensation and assurance for damage caused by genetically modified products, while harmonizing the issue with international protocols on environmental issues, including the transport of hazardous waste, nuclear activities, as well as petroleum products and reviewing the regimes set forth therein, the most appropriate liability regime for genetically modified products would be to reduce strict liability. It has been proposed to provide for compulsory insurance and the establishment of compensation funds.
Please cite this article as:
Yazdani MR, Rafiei MT, Vahdati Shobeyri SH. Compensation Fund or Insurance Obligation; Missing Links in the Field of Genetically Modified Products; With a Study of Similar International Documents. Medical Law Journal. 2025; 19: e31.
Method: This research was conducted using a descriptive-analytical method and based on library studies and reference to documents.
Ethical Considerations: Throughout all stages of writing this research, integrity and honesty have been maintained while maintaining the originality of the text.
Results: The Biosafety Protocol and the Nagoya-Kuala Lumpur Additional Protocol require the adoption of a binding mechanism for compensation for damage caused by genetically modified products and its assurance, along with measures to mitigate the risks arising from it.
Conclusion: Considering the necessity that the Biosafety Protocol and the Nagoya Kuala Lumpur Additional Protocol, like similar international documents, require the adoption of a binding method for compensation and assurance for damage caused by genetically modified products, while harmonizing the issue with international protocols on environmental issues, including the transport of hazardous waste, nuclear activities, as well as petroleum products and reviewing the regimes set forth therein, the most appropriate liability regime for genetically modified products would be to reduce strict liability. It has been proposed to provide for compulsory insurance and the establishment of compensation funds.
Please cite this article as:
Yazdani MR, Rafiei MT, Vahdati Shobeyri SH. Compensation Fund or Insurance Obligation; Missing Links in the Field of Genetically Modified Products; With a Study of Similar International Documents. Medical Law Journal. 2025; 19: e31.
Type of Study: Original Article |
Received: 2023/09/9 | Accepted: 2024/11/26
Received: 2023/09/9 | Accepted: 2024/11/26
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