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GENETICALLY MODIFIED CROPS

GENETIC CONTAMINATION AND ISSUES OF


LIABILITY
Presented By
SACHIN MENON
BBA LLB(HONS)
XTH SEMESTER
SCHOOL OF LEGAL STUDIES
CUSAT

OBJECTIVES OF THIS PRESENTATION

To provide an understanding on the nature and process of genetic


contamination and the various methods of transgenic contamination.

To study the various international frameworks dealing with the issues of


liability arising from genetic contamination.

The presentation also aims to make the audience aware about the various
harmful effects of genetic contamination towards organic farming.

GM Crops

Genetically Modified Crops or Biotech crops are scientifically engineered plant


species, in which any new traits are added as a result of recombinant DNA
technology.

The traits being introduced to a plant species, will result in that species gaining
increased resistance to pests, and to herbicides as well as greater nutrient
content in food crops.

Genes are added or removed based on the needs of the scientific community
and the farmers through different methods

A plant can be genetically modified with the help of gene


guns,electroporation,microinjection techniques etc.

Gene Flow : Concept


Gene flow is the movement of genetic material (genes or alleles) from one
organism to another.
In the field of population genetics, gene flow is defined as the transfer or spread
of genes or alleles from one population to another.
There are two types of gene flows, they are vertical gene flow- meaning the
transfer of alleles through normal reproductive method, between seperate
population of plants.
Horizontal gene flow: the introducton of genes into an organism, as a result of an
infection.

Avenues of Gene Flow


Pollen mediated Gene Flow
The transfer or movement of genes through pollination from one individual plant
to another different plant population.
Seed Mediated Gene Flow
The dispersion of genes as a result of seed transfer due to natural factors like air
,water,wind , animals.
Dispersal through the vegetative organs of a plant
The transfer of genes through the spread of any vegetative organs of plants which
include tillers,roots,rhizomes,tubers by animals,air,water etc.

Genetic Contamination
Genetic Contamination can be defined as the uncontrollable and
undesired gene flow from transgenic plant to its wild varieties.
Moreover genetically engineered plants contain genes which have
been transferred from unrelated and completely different species
The term is of late being associated with the gene flow from a
genetically engineered (GE) organism to a non GE organism,
frequently by those disapproving of such gene flow

Methods of Genetic Contamination


Pollination of a wild related plant with the genetically modified
crop.
Pollination of any organic crops by the Genetically modified
crops
The development of a feral population of the genetically
modified crops ,if the crops survive in the natural environment.
Genetic contamination of microorganisms in the soil, acquired
by ingesting the genetically modified crops.

Contamination of non-GM Crops


When trans gene move from GM crops to their non GM
counterparts, contamination takes place.
Another concern will be the presence of foreign genes or trans
genes in the seeds and vegetative products of their non GM
counterparts.
If the genes are modified in such a manner as to alter the
composition, the characteristic , the whole genetic sequence of the
GM crops, what will be the effect on our body and for the
animals.Thus apart from the spread of genes , the risk of harm to
our health also develops with the contamination of GM crops with
non GM crops

Issues of Liability

Liability issues under tort law

Under the law of torts , the liability of a polluter is considered as one of


the most important legal tool provided to punish those responsible for
contamination
Thus for polluting or contaminating environment, the following are the
various liabilities,which a person may carry a.) Nuisance b) Negligence
and c) Trespass
Nuisance can be identified as the illegal interference with the persons
right over any land or of some right over it.
Negligence is completely dependent on the idea of fault. The absence
of a duty to take care ,especially if there was a need to take care must
be present in order to be proclaimed an act to be negligent.
Trespass is also defined as the intentional or negligent interference by
any person with the personal property of another individual.

ADDRESSING THE ISSUES OF LIABILITY UNDER THE


INTERNATIONAL LEGAL REGIME

CONVENTION ON BIOLOGICAL DIVERSITY

One of the most relevant legal frameworks adopted internationally for


compelling States to actively involve in the implementation of effective bio
safety methods is the Convention of Biological Diversity(CBD)

One of the main highlights of this convention is the direction to all state
parties to introduce Environmental Impact Assessment(EIA) of projects that
are likely to have some kind of adverse effect to the environment.

The convention of biological diversity also requires parties to consider the


need for and modalities of a protocol setting out appropriate procedure in the
field of safe transfer, usage of any living modified organism that may have
any adverse effect on the sustainable use of biological diversity

ISSUES OF LIABILITY UNDER THE CARTAGENA


PROTOCOL ON BIOSAFETY
The objective of the protocol is to ensure an adequate level of
protection in the field of safe transfer and the use of living
Modified Organisms that may have adverse effect on the
environment.
The protocol also requires every party to take measures for the
secured handling, packaging and transportation of LMOs.
Risk assessment is dealt under Article 15, which shall be conducted
in a scientifically sound manner to study the effects that Living
Modified Organisms poses to biological diversity.

NAGOYA -KUALA LAMPUR SUPPLENTARY PROTOCOL


ON LIABILITY
The formulation of the Nagoya-Kuala Lampur protocol provided the much
needed shift to find out and formulate a framework imposing liability for
damage resulting from living modified organisms,which are used for food or
as feed
The protocol defines the term damage to include any adverse effect to the
conservation and sustainable use of biological diversity, also encompassing
risks to human population also
The protocol also provides for the inclusion of appropriate measures in the
domestic law of every state party, if damage have been caused by any Living
Modified Organism
Damage according to this protocol must be a long term phenomenon so as to
cause any permanent change ,which cannot be rectified through natural
recovery within a reasonable period of time.
Another major feature of the protocol is the inclusion of response measures
,which includes any action to prevent,contain and mitigate and to restore the
biodiversity.

Conclusion

Genetic contamination in crops are a reality which the world must share and
suffer, unless with our capabilities we can engage in finding a redressal in the
most feasible manner, by adopting and enforcing the rule of law.

Contamination of non GM crops is an invasion which will in the future spell


doom over the fate of organic farmers, solely dependent on natural environment

Issues of liability have been implemented in almost all the international legal
regimes to award compensation and to prevent environmental damage.

Thus the formulation of international conventions and protocols highlights the


need for controlling Genetically modified Crops for a truly sustainable
environment.

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