Thailand’ s Approach to The Implementation of The Cartagena Protocol on Biosafety

Authors

  • Molvipa Saisoonthorn Faculty of Law, Thammasat University

Keywords:

Biosafety, Cartagena Protocol, LMOs

Abstract

As a party to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, 2000,(“Cartagena Protocol”) Thailand is bound by the principle of pacta sunt servanda as reflected in Article 26 of the Vienna Convention on the Laws of Treaty, 1969 to implement the Cartagena Protocol. However, at the time of this Article, Thailand still has no law to implement the Cartagena Protocol. However, the Draft Act on Biosafety B.E. …….. (“Draft Act”) has been prepared for further implementation of the Cartagena Protocol.

 Analyses of the Draft Act reveal that the Draft Act, in general, conforms to the objective of the Cartagena Protocol and covers measures articulated in the Cartagena Protocol. In addition, The Draft Act should be added new definitions to certain terms not found in the Cartagena Protocol including criteria for the contained use of Living Modified Organisms (LMOs) therefore, rendering the Draft Act to be more succinct and apprehensible.

With respect to measures for biosafety of LMOs, the Draft Act not only focuses on biosafety for transboundary movement of LMOs through import, export and transit thereof by or via Thailand but also deals with those LMOs originated in Thailand. The Draft Act thus offers comprehensive biosafety measures for both transboundary and domestic LMOs.

References

Akiho Shibata. (2016). International Liability Regime for Biosafety Damage : The Nagoya–Kuala Lumpur Supplementary Protocol. (Routledge Cavendish).

Cartagena Protocol on Biosafety to the Convention on Biological Diversity

Draft Act on Biosafety B.E. ……..

Enhancement and Conservation of National environmental Quality Act, B.E. 2535

Issaranews. (2015). Draft Act on Biosafety B.E……....[cited 2024 April] Available from: https://isranews.org/content-page/item/42950-bio24.html

Jumphot Saisoonthorn. (2020). International Environmental Law : Biodiversity. (Textbook and Teaching Materials Project Faculty of Law Thammasat University).

Jumphot Saisoonthorn. (2020). International Law Vol.1. (16th ed.). (Bangkok: Winyuchon).

Ruth Mackenzie, et al. An (2003). Explanatory Guide to the Cartagena Protocol on Biosafety, IUCN Environmental Policy and Law Paper No. 46, (IUCN:The World Conservation Union).

Statute of the International Court of Justice

The Rio Declaration on Environment and Development 1992

Vienna Convention on the Law of Treaties 1969

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Published

2025-01-09

How to Cite

Saisoonthorn, M. . (2025). Thailand’ s Approach to The Implementation of The Cartagena Protocol on Biosafety. Public Health Policy and Laws Journal, 11(1), 185–195. retrieved from https://so05.tci-thaijo.org/index.php/journal_law/article/view/276929

Issue

Vol. 11 No. 1 (2025): January-April

Section

Academic Article / Perspectives

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