ABSTRACT
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress (Supplementary Protocol) has 21 articles. Seven of these articles do not concern the subject matter covered by the Supplementary Protocol. They are governanceor process-related provisions1 that are commonly included in any multilateral agreement. There are three additional articles referring to exemptions, time limits and financial limits.2 They address elements that are typical of liability instruments. However, these articles are merely permissive; they do not impose any hard obligations on Parties. They are essentially recommendations for how Parties may wish to address these issues in their domestic law. Therefore, this treaty contains about nine articles that address matters related to the subject of liability and redress for damage caused by living modified organisms (LMOs). Even of these articles, only the one on response measures (Article 5) has a direct bearing on liability. Article 5 appears to be the heart of the Supplementary Protocol. Yet, its implementation is subject to domestic law, a flexibility that leaves room for stringent or soft policy and legislative approaches towards damage resulting from LMOs.
