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This article discusses the domestic and international laws governing liability for damage caused by genetically modified organisms (GMOs), including their release into the environment, field trials, and marketing. It explores the liability of GMO farmers, seed producers, and persons who mishandle GMOs, as well as the concept of channelling liability. The Swiss Solution and the right of recourse against marketed GMO seeds are also highlighted. The implementation of the Convention is examined, including compliance and the role of the Parties and the Compliance Committee.
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A B International law on Liability 4
Baia Mare Hungary Yugoslavia
Kiev-Protocol Damage
Contained use of organisms Release of organisms into the environment Release for experimental purposes with genetically modified organisms (field trials) Marketed genetically modified organisms (seeds, commodities)
Contained use of organisms field trials
GMO-Farmer GMO-Farmer GMO-Farmer organic farmer GMO-Farmer GMO-Farmer GMO-Farmer
Chanelling of the liability GMO-farmer Marketed genetically modified organisms (seeds) causing a damage seedproducer No liabilityNo compensation
seedproducer Swiss Solution Right of recourse against Marketed genetically modified organisms (seeds) causing a damage Persons who have handled such organisms inappropriatly or have otherwise contributed to the occurrance or exacerbation of the damage (GMO-farmer)
Compliance Parties (States) Compliance CommitteeConference of the Parties How the Convention is being implemented