Comparative Law Review

Comparative Law Review

The Civil Liability’s Basis of Genetically Modified Foods (Transgenic) with Comparative Study in Iran’s Law and International Instruments

Document Type : Research Paper

Authors
Saieed Bigdeli 1
Amin Badiesanaye Esfahani 2
1 Assistant Professor, Law Group, Faculty of Humanities, Zanjan Univirsity, Zanjan,Iran
2 Ph.D. Student of Private Law, Law and Political Sciences Faculty, Allameh Tabatabayi University,Tehran,Iran
10.22059/jcl.2014.52942
Abstract
Producing Genetically­Modified­foods plays one of the key roles in addressing the increasing needs for foods. The development and increasing use of GMfoods, despite its benefits and advantages,causes its­own problems and challenges, as well .The exclusive characteristic of these types of products and the human and environment-related effects have made discussion over this issue twice assignificant .Among many legal challenges lies the problem of how to determine civil liability’s ­basis of these products that has brought about controversies throughout international instruments and legal systems .Available international instruments regarding this issue include The­Cartagena­Protocol­on­Bio-safety,which Iran officially joint itin1382;in­addition,Nagoya–KualaLumpur­Supplementary­Protocol has been enacted on liability and redress of these products.In this paper, in view of the fact that domestic rules have­not stipulated anything regarding this issue,it’sbeen tried to determine the status of the mentioned issue in international instruments as­well­as obtaining an appropriate basis conforming to Iran’s law.Byconsidering international instruments and different viewpoints in Iran’slaw,strict liability seems to be fitting and complying with both Iran’s­law and international instruments.
Keywords
Genetically Modified foods
Liability’s Basis
The Cartagena Protocol on Bio-safety
Nagoya–KualaLumpur Supplementary Protocol
Subjects

  1.  

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Comparative Law Review
Volume 5, Issue 2 - Serial Number 2
Autumn & Winter
October 2014
Pages 287-316