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El procedimiento de no cumplimiento del Protocolo de Cartagena sobre Seguridad de la Biotecnologia : un mecanismo eficaz?

Cardesa Salzmann, Antonio (2010) El procedimiento de no cumplimiento del Protocolo de Cartagena sobre Seguridad de la Biotecnologia : un mecanismo eficaz? Revista Electronica de Estudios Internacionales (20). ISSN 1697-5197

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Abstract

The Cartagena Protocol on Biosafety foresees the establishment of 'procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance' (article 34). On this basis, taking the non-compliance procedure of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer as a model, the first Meeting of the Parties to the Cartegena Protocol adopted such a procedure in 2004 (decision BS-I/7), as an autonomous mechanism to promote compliance with the Parties' commitments. The assisting functions that are inherent to this mechanism have been entrusted to a subsidiary body to the Meeting of the Parties, the Compliance Committee, with exerts its powers according to a simple and cooperative procedure. Nevertheless, to the date, no Party has resorted to this mechanism in order to solve any issues of non-compliance. Based on the formal assessment of the mechanism, this article tries to elucidate the causes for this situation, paying particular attention to inherent structural deficiencies, as well as the vis atractiva of exogenous enforcement mechanisms.