Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis

Niland, Phillipa

Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis

Thesis / Dissertation

2009

Publisher

University of Cape Town

Department

Centre for Law and Society

Faculty

Faculty of Law

Abstract

While genetically modified (GM) crops are argued to be key to managing global food shortages and improving agricultural efficiency, they also pose potential threats to the environment and biodiversity, agricultural systems, and socio economic structures. These risks need to be carefully considered and adequately provided for in a legislative framework. In particular, it is necessary that an effective liability and redress regime is incorporated as it is central to the management of risks posed by GM crops. It is furthermore appropriate in the light of the precautionary principle. South Africa has one of the fastest uptakes of GM crops in the world with a rapidly developing biotechnology industry. While steps have been taken to better provide for situations where harm is caused by Genetically Modified Organisms (GMOs), the liability and redress provisions contained in the South African GMO legislation are unfortunately still lacking in some respects. The difficulties associated with other environmental liability regimes are also true for GMOs although there are some more specific concerns related to GMOs. Nonetheless, it is imperative that an effective liability regime is constructed. However, this needs to be carefully balanced against the benefits which stand to be gained from the technology. This paper will discuss the liability and redress regimes of jurisdictions in both the European Union and Africa. These jurisdictions will be compared and analysed in order to distill an appropriate 'best practice' for the South African situation.

Keywords

genetic modification

South Africa

Reference:

Collections

Masters

Full item page