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This document explores international law regarding liability for damages caused by genetically modified organisms (GMOs), emphasizing cases like the Baia Mare incident and aspects of the Kiev Protocol. It discusses the contained use of organisms, field trials, and liability issues for seed producers in the context of GMOs. The text highlights the regulatory framework governing market forces and compliance among parties, detailing the rights of recourse and compensation in damage cases caused by marketed GMOs. Critical insights into the legal responsibilities of GMO farmers and organic producers are also provided.
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A B International law on Liability 1
Damage 2
Baia Mare Hungary Yugoslavia 3
Kiev-Protocol Damage 4
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) 5
Contained use of organisms field trials 6
GMO-Farmer GMO-Farmer GMO-Farmer organic farmer GMO-Farmer GMO-Farmer GMO-Farmer 7
Chanelling of the liability GMO-farmer Marketed genetically modified organisms (seeds) causing a damage seedproducer No liabilityNo compensation 8
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) 9
Compliance Parties (States) Compliance CommitteeConference of the Parties How the Convention is being implemented 10