Regulating biotechnology: Legal oversight as a tool for preventing genetic environmental damage
Keywords:
Biotechnology regulation, GMOs, Environmental law, Biosafety, Precautionary principle, Biodiversity, National oversight, International agreementsAbstract
The rapid advancement of biotechnology and genetic engineering has created significant opportunities for scientific and economic development, while simultaneously introducing complex environmental and public health risks. This study examines the regulatory frameworks designed to prevent genetic environmental damage, highlighting the critical interplay between international agreements and national administrative oversight. International instruments, such as the Cartagena Protocol on Biosafety and the Convention on Biological Diversity, establish fundamental principles including the precautionary approach, transparency, prior informed consent, and cross-border cooperation, which aim to mitigate potential adverse impacts of genetically modified organisms (GMOs) on biodiversity and ecosystems. At the domestic level, administrative measures—licensing regimes, activity prohibitions, mandatory compliance obligations, and prior notifications—translate these international principles into enforceable safeguards. Using Algeria as a case study, this research analyzes the effectiveness of these mechanisms and identifies regulatory gaps, particularly regarding emerging biotechnologies outside traditional agricultural contexts. The study concludes that a comprehensive, multi-level regulatory strategy is essential to balance scientific innovation with environmental protection. Key recommendations include modernizing national legislation in line with scientific and technological advances, integrating the precautionary principle more explicitly, strengthening inter-agency coordination, and promoting public awareness and participation.
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References
Stockholm Declaration on the Human Environment. (1972).
Rio Declaration on Environment and Development. (1992).
United Nations Framework Convention on Climate Change. (1992).
Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki Convention). (1992).
Cartagena Protocol on Biosafety to the Convention on Biological Diversity. (2000).
Algerian Law No. 03-10 on environmental protection within the framework of sustainable development. (2003).
Algerian Law No. 05-12 on water. (2005).
Algerian Ministerial Decree of December 24, 2000, prohibiting the import, production, distribution, marketing, and use of genetically modified plant material.
Law No. 005-2006/AN establishing a biosafety regime in the field of biotechnology in Burkina Faso. (2006).
Hassouna, A. G. (2012–2013). Legal protection of the environment within the framework of sustainable development (Doctoral dissertation, University of Mohamed Khider Biskra). Biskra, Algeria.
Maifi, K. (2010–2011). Administrative control mechanisms for environmental protection in Algerian legislation (Master’s thesis). Colonel Hadj Lakhdar University, Batna, Algeria.
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