FROM RIO TO JOHANNESBURG AND BEYOND:
GLOBALISING PRECAUTION FOR
GENETICALLY MODIFIED ORGANISMS

A report for the Heinrich Böll Foundation, Washington Office, April 2002; by Volker Lehmann

The precautionary principle (PP) requires that action should be taken to prevent damage even if there are still scientific uncertainties about the cause of the harm. Ambiguous as it is, the PP has nevertheless developed into an important aspect of international environmental law. This study focuses on the regulation of genetically modified organisms (GMOs) and traces back the history, components and future consequences of the PP. It scrutinises the criticism on the PP based on the premises of 'sound science' and how for GMOs, disputes around the PP dominate the conflict between the USA and Europe, but also rifts between trade and environmental law. For this, examples of the implementation of the PP in international agreements of the Rio Earth Summit and the World Trade Organisation are discussed and an outlook will be given, how the cause of precaution can be strengthened between Doha, Johannesburg and beyond.

This study comes to the conclusion that there is still ample leeway to further the case of the environment in the arena of international treaties. Yet a large part of present and future conflicts do not only stem from environment versus trade-related international treaties, but from the unilateralist position of the USA. The recent tendency of the USA to abandon multilateral mechanisms limits merely legalistic policy approaches. Instead, as will be shown by examples of WTO laws, the interpretation and practice of existing treaties remains dependent on political power compositions, in which non-state actors become increasingly important. International law moves slowly and not without the interference of non-governmental actors.

Presently, the most urgent measure needed to strengthen precaution when dealing with biotechnology is still the implementation of the Biosafety Protocol. Beyond Johannesburg, a lot remains to be done and several recommendations are discussed. The outlook starts with those measures within the legal system and in the framework of international treaties. Finally, light will be shed on the extension of precaution through the international civil society. Only when there are the capacities for and the awareness of different needs of precaution will the PP live up to its full potential in the broader sense.

[ pdf; 31 pages ]