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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Impact of the precautionary principle on the management and regulation of gene-edited agricultural products

English Abstract

ABSTRACT Transgenic technology is the core of modern biotechnology, and it is widely used in medicine, industry, agriculture, environmental protection, energy, and other areas. It has played a pivotal role in the progress and development of human society. However, similar with many other science and technologies, transgenic technology has the potential risk in the process of the development. To address the uncertain risk, countries have adopted different methods to manage and regulate transgenic-technology-assisted products. The United States has adopted scientific principle, while the European Union adopts the precautionary principle and considers that these uncertainties and potential risks might lead to serious, irreversible consequences or catastrophic losses, therefore strict measures must be taken before the risk is real. However, the status of the precautionary principle has always been controversial, not only within EU but also at the WTO level. The international community has not reached a consensus on the status of the precautionary principle in international law and its application in the settlement of genetically modified organism trade dispute is also questioned. In recent years, the new gene editing technology, especially the advent of the CRISPR- Cas9 overcomes the defect of traditional GM technology. In terms of regulating this new technology, the US and Canada adhere to the scientific principle, while the EU's divergence on the precautionary principle applied in the management and regulation of GMOs is obvious, and some member states of EU abandon the precautionary principle and begin applying scientific principle to regulate gene editing technology. Moreover, the latest bilateral agreement Comprehensive Economic and Trade Agreement reached in 2016, strengthens the scientific principle and weakens the precautionary principle in the management and regulation of biotechnology. At present, China does not have clear and specific legislation in the regulation and management of GMOs. However, in practice, China adopts the precautionary principle. Faced with the emergence of new gene editing technology and the weakening status of the precautionary principle, what principle or approach should China take to regulate traditional GMOs and gene editing technology to promote the development of biotechnology in the future? This thesis, by introducing the development of the precautionary principle, examining its application in selected countries' legislations regarding the traditional GM technology and two trade dispute cases on GMOs, discusses the role of the precautionary principle in regulating the new gene editing technology. It concludes that the function of the precautionary principle has been weakened for managing biotechnology-assisted agricultural products at both international and domestic levels. Moreover, based on the findings, it further discusses principles and approaches that China should take to regulate GMOs as well as food products using gene-editing technology in the future. Key words: the precautionary principle, GMOs, gene editing technology, CETA

Issue date

2018.

Author

Jiang, Jian

Faculty

Faculty of Law

Degree

LL.M.

Subject

Human genetics -- Law and legislation

Supervisor

杜立

Files In This Item

Full-text (Intranet only)

Location
1/F Zone C
Library URL
991006758779706306