The Legal Significance of the Nagoya-Kuala Lumpur Supplementary Protocol: The Result of a Paradigm Evolution

Abstract

The Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress on Liability and Redress to the Cartagena Protocol on Biosafety is the first global and comprehensive agreement providing for regulatory liability and a definition of damage to biological diversity. By voluntarily assuming a binding obligation to provide for prompt, adequate and effective response measures in the event of damage caused by the transboundary movement of living modified organisms, states expressly accept the responsibility that comes with their consent to the import of living modified organisms. The paper analyzes the evolution of liability mechanisms in international law that culminated in the adoption of the Supplementary Protocol.

Keywords: international environmental law, liability, corporate social responsibility, biosafety, biodiversity, genetically modified organisms

JEL Classification: K32, K33