Toward the effective implementation of the Biosafety Protocol: a Chinese regulatory capacity-building perspective

有效实施生物安全规程:中国监管能力建设视角

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Abstract

The capacity-building mechanism in the Biosafety Protocol aims to assist the parties, inter alia, in establishing and implementing national measures concerning genetically modified organisms (GMOs) that are aligned with the objectives of the Biosafety Protocol. Regulatory capacities of developing countries to address environmental risks caused by GMOs remain to be improved. The article takes China as an example to analyze how regulatory capacity-building activities organized under the Biosafety Protocol contributed to and will further influence China's establishment and implementation of GMO laws and regulations. A four-stage analytical framework is established to examine the interaction between capacity-building activities and the development of China's GMO regulation. China has gradually developed its GMO laws and regulations, with each stage having different regulatory needs and capacity-building efforts. External intervention and endogenous regulatory capacity-building activities mutually strengthened China's implementation of the Biosafety Protocol. Endogenous regulatory capacity-building activities are increasing in enhancing China's GMO regulation. The article concludes by proposing ways to enhance China's regulatory capacities regarding GMOs against the backdrop of adopting the Kunming-Montreal Global Biodiversity Framework and China's Biosecurity Law, involving making laws and regulations on GMOs consistent with the Biosecurity Law and reconsidering the regulatory modes on genome-editing techniques.

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