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Liability Issues

Liability Issues. Laura van der Meer, Esq. When does liability arise?. Damage recognized by the law. A person can be held liable because: He is at fault (fault-based liability) The damage resulted from an ultra-hazardous activity (strict liability).

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Liability Issues

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  1. Liability Issues Laura van der Meer, Esq.

  2. When does liability arise? • Damage recognized by the law. • A person can be held liable because: • He is at fault (fault-based liability) • The damage resulted from an ultra-hazardous activity (strict liability). • He agreed to take responsibility under a contract (contract law).

  3. Standards of Liability • Fault based liability is the norm. • Enforcement of contracts between private parties. • Strict liability is reserved for ultra-hazardous activities.

  4. Types of Damage • Traditional Damage • Personal injury • Loss of or harm to property • Harm to economic interests • Environmental Damage • Damage to the conservation and sustainable use of biodiversity

  5. Existing Situation • Existing laws and mechanisms provide necessary means for relief. • Law • National Law • Public and Private Intl. Law • Arbitration and Dispute Resolution • BSP/CBD Dispute Resolution • Permanent Court of Arbitration, others

  6. National Law • Traditional Damage • Contract Law • Administrative Law • Product Liability Law • Torts • Nuisance Law • Environmental Damage • Environmental or Biodiversity Liability

  7. Environmental Liability • General liability law for damage to environment or biodiversity. • CBD Article 14.2 process • UNEP Initiative • Capacity building initiatives

  8. Current Treatment of Liability • Biotech/biosafety law is silent: -- Japan -- Australia -- Indonesia -- Philippines (Dept of Ag Admin Order)

  9. Viet Nam (2003 draft) “In the case of adverse effects to the environment and human health, individuals and/or organizations involved in the production and trading of GMOs and their products should be obliged to recover, compensate for damages, and report to relevant authorities.”

  10. Philippines (EO for NBF) • Admin • Criminal • Civil • International law • Review of remedies

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