International Liability Regime for Biodiversity Damage
The Nagoya-Kuala Lumpur Supplementary Protocol
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability.
This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol.
The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.
Table of Contents
1. Introduction, Akiho Shibata Part 1: The Context and Negotiation 2. A New Dimension in International Environmental Liability Regimes:A Prelude to the Supplementary Protocol, Akiho Shibata 3. Negotiating the Supplementary Protocol: The Co-Chair's Perspective, René Lefeber and Jimena Nieto Carrasco Part 2: The Significance and Critiques 4. The Legal Significance of the Supplementary Protocol: The Result of a Paradigm Revolution, René Lefeber 5. Administrative Approach to Liability: Its Origin, Negotiation and Outcome, Alejandro Lago Candeira 6. A Scientific Perspective on the Supplementary Protocol, Reynaldo Ariel Alvarez-Morales 7. Civil Liability in the Supplementary Protocol, Gurdial Singh Nuar 8. One Legally-Binding Provision on Civil Liability: Why Was It So Important from the African Negotiators' Perspective 9. Trade and the Supplementary Protocol: How to Achieve Mutual Supportiveness, Rodrigo C. A. Lima 10. The Supplementary Protocol: A Treaty Subject to Domestic Law?, Worku Damena Yifru and Kathryn Garforth Part 3: The Implementation 11. Challenges and Opportunities in the Implementation of the Supplementary Protocol: Reinterpretation and Re-imagination, Dire Tladi 12. The Supplementary Protocol and the EU Environmental Liability Directive: Similarities and Differences, Edward Brans and Dorith Dongelmans 13. A Japanese Approach to the Domestic Implementation of the Supplementary Protocol, Eriko Futami and Tadashi Ohtsuka 14. The Industry’s Compact and Its Implication for the Supplementary Protocol, J. Thomas Carrato, John Barkett and Phil Goldberg 15. Conclusion: Beyond the Supplementary Protocol, Akiho Shibata
Akiho Shibata is a Professor of International Law at the Graduate School of International Cooperation Studies (GSICS), Kobe University, Japan. He was a member of the Japanese delegation to negotiate the Nagoya-Kuala Lumpur Supplementary Protocol from 2006–2010.