ABSTRACT
This chapter focuses on the language in the preamble of the Cartagena Protocol on Biosafety concerning the relationship between the rules in that protocol and those contained in international agreements, in particular World Trade Organization (WTO) agreements, from the perspective of the European Union (EU) and its member states. The EU was also aware that the biosafety protocol would constitute the first major multilateral agreement setting up rules for products resulting from modern biotechnology. The EU thus favoured the application, as regards the relationship between the biosafety protocol and existing WTO agreements, of the rule of customary international law, embodied in the Vienna Convention. During the negotiations, it became clear that the Miami Group wished to rely on the exception to that rule, through the use of a ‘savings clause’. The ‘savings clause’ proposed by the Miami Group was formulated in general terms, i.e. it referred to all existing agreements.
