ABSTRACT

Article 24 of the Cartegena Protocol on Biosafety deals with the transboundary movement of Living Modified Organisms (LMOs) between parties and non-parties. Article 24 is couched in terms of obligations placed on parties, in particular to ensure that transboundary movements of LMOs between parties and non-parties are consistent with the objectives of the protocol. The 1989 Basel Convention, which deals with the transboundary movement of hazardous wastes and other wastes, lays down a general rule that parties shall not permit hazardous wastes or other wastes to be exported to a non-party or to be imported from a non-party. A number of approaches to the issue of transboundary movement of LMOs to and from non-parties emerged at an early stage in the negotiations. During the negotiations, there had been some discussion as to whether trade with non-parties should comply with the specific standards and procedures lay down by the protocol or simply with its objectives.