The application of precautionary principle in International Trade Law and International Environmental Law: A comparison

Ansari, Abdul Haseeb and -, Sri Wartini (2013) The application of precautionary principle in International Trade Law and International Environmental Law: A comparison. In: 3rd International Conference on Biotechnology Engineering (ICBIoE 2013), 2-4 July 2013, Kuala Lumpur, Malaysia. (Unpublished)

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Abstract

Precautionary principle, which developed as a soft law, became part of the Cartagena Protocol and the SPS Agreement aims at ensuring biosafety of GMOs, which includes LMOs to human health in particular and conservation of the environment in general. But the provisions of the two hard laws are not the same as they serve two different purposes. Although conservation of the environment is sine qua non for survival of the humankind, the WTO had preferred to apply the provisions enshrined in the SPS Agreement, which prescribes for weaker precautionary measure, as its aim is to promote international trade. What is warranted is that both the laws have to be interpreted in order to strike a balance between the two so that trade and environment thrive together. It is for this reason that the paper presents a comparative assessment of both the laws, and attempts present a comprehensive precautionary principle so that both the laws could get due importance.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	1526/33270
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Professor Abdul Haseeb Ansari
Date Deposited:	05 Mar 2014 09:13
Last Modified:	09 Mar 2014 05:16
URI:	http://irep.iium.edu.my/id/eprint/33270

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