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Environmental Damage in International and Comparative LawProblems of Definition and Valuation$
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Michael Bowman and Alan Boyle

Print publication date: 2002

Print ISBN-13: 9780199255733

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199255733.001.0001

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Environmental Damage and Genetically Modified Organisms

Environmental Damage and Genetically Modified Organisms

Chapter:
(p.62) (p.63) 5 Environmental Damage and Genetically Modified Organisms
Source:
Environmental Damage in International and Comparative Law
Author(s):

Ruth Mackenzie

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199255733.003.0005

This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.

Keywords:   genetically modified crops, environmental damage, personal injury, property damage, biological diversity, genetically modified organisms, Biodiversity Convention

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