论《卡塔赫纳生物安全议定书》中与WTO规则冲突的贸易措施

本文介绍了《卡塔赫纳生物安全议定书》的贸易措施 ,以及其与《实施卫生和植物卫生措施协定》、《技术贸易壁垒协定》以及GATT1994等WTO规则的冲突 ,进而指出协调冲突的法律原则和我国的因应之策。     

Important points in virus research using recombinant DNA technology

Cartagena Protocol on Biosafety to the Convention on Biological Diversity seeks to protect biological diversity from potential risks posed by living modified organisms (LMOs) resulting from modern biotechnology. This protocol was ratified in Japan after establishing domestic law and regulations for the protocol. In the domestic law, use of LMOs is classified into type 1 use (use without containment measures) and type 2 use (use with containment measures). According to the domestic law, most of experiments using recombinant viruses are required for the approval of the Minister. In this article, we will explain Cartagena Protocol and the Japanese domestic low and indicate an example of application form for the approval of the Minister.     

Regulatory considerations on transgenic livestock in Japan in relation to the Cartagena protocol

In Japan, the development and application of living modified organisms (LMOs) are regulated by law (conservation and sustainable use of biological diversity law). Procedures are classed as type 1 for the use of LMOs where no preventive measures against their dispersal into the environment are required and type 2 for the use of LMOs where preventive measures are stipulated. Development and research on transgenic livestock falls under the responsibility of the Ministry of Education, Culture, Science, Sports and Technology. Field use of transgenic livestock is controlled by the Ministry of Agriculture, Forestry and Fisheries. The author describes risk assessment and management of transgenic livestock by both ministries.     

Technocratic precautionary principle: Korean risk governance of genetically modified organisms

Regulations for genetically modified organisms (GMOs) in Korea fluctuate between technocracy and the precautionary principle (PP). Technocratic PP denotes the coexistence, or coproduction, of technocracy with PP – a complex ensemble of technocratic, precautionary policies, and hybrids of the two. This paper analyzes four types of PP-based policies linked to Korean GMO regulations: foresight and monitoring of risk; reverse burden of proof; public participation; and the public's right to know. Korean GMO regulations are consistent with the Cartagena Protocol on Biosafety, a type of PP, but lack long-term risk assessment as well as public participation. Technocracy is embedded both in advance informed agreements as a reverse burden of proof and in proof-based GMO labeling as a right-to-know policy. Technocratic PP results in inconsistencies between PP and technocratic epistemology and the gap between PP-based institutions and technocratic practices. Technocratic PP is therefore a typical phenomenon that occurs in the “glocalization” of risk regulation.     

Environmental release of living modified organisms: current approaches and case studies

Agricultural biotechnology is being rapidly adopted as evidenced by the acreage of genetically modified (GM) crops planted and tonnes of product (grain and fiber) harvested. Concurrent with this technological progress, is a growing concern that the worlds biological diversity is coming under increasing threat from human activities. As such, ecological risk assessment approaches are being developed for GM crop plants as international agreements regulating the transboundary movements of these products are being implemented. This paper reviews the ecological risk assessment approach that has been used to date to approve GM crops to date. The process has been case-by-case, using a comparative, science-based approach balancing the potential risks and benefits of the new technology versus those present with the currently accepted practices. The approach used to evaluate and approve these products is consistent with the conditions and requirements outlined in the Cartagena Protocol.     

从《生物安全议定书》审视我国基因修饰生物越境转移规则

基因修饰生物(GMO)越境转移对生物多样性保护和人类健康具有重要意义。《生物安全议定书》(议定书)分别5种情况对改性活生物体(LMO)越境转移予以不同的处理。我国行政法规和规章规定了一些GMO越境转移规则。以议定书为标准,可以观察出我国农业部和卫生部的相关规章也存在交叉和冲突,GMO越境转移规则体系尚待完善。     

Evaluating the risk of releasing genetically engineered organisms

This article considers the question of a priori assessment of the safety of releasing recombinant DNA engineered organisms. Now and for the foreseeable future, decisions to release such an organism must be based on the results of limited, case-by-case risk assessment studies. The criteria calling for the termination of release programs must be agreed upon in advance of these studies. There is no justification for excluding classes of release organisms from risk assessment. Theory is useful in suggesting a hierarchy of risks, raising the questions that have to be addressed in case-by-case risk assessment and providing protocols for the standardization and execution of these studies. We do not believe that theory can be used to argue categorically for or against the safety of specific releases of recombinant DNA engineered organisms.     

Defining "adverse environmental impact" and making paragraph 316(b) decisions: a fisheries management approach

The electric utility industry has developed an approach for decisionmaking that includes a definition of Adverse Environmental Impact (AEI) and an implementation process. The definition of AEI is based on lessons from fishery management science and analysis of the statutory term "adverse environmental impact" and is consistent with current natural resource management policy. The industry has proposed a definition focusing on "unacceptable risk to the population"s ability to sustain itself, to support reasonably anticipated commercial or recreational harvests, or to perform its normal ecological function." This definition focuses not on counting individual fish or eggs cropped by the various uses of a water body, but on preserving populations of aquatic organisms and their functions in the aquatic community. The definition recognizes that assessment of AEI should be site-specific and requires both a biological decision and a balancing of diverse societal values. The industry believes that the definition of AEI should be implemented in a process that will maximize the overall societal benefit of the paragraph 316(b) decision by considering the facility"s physical location, design, and operation, as well as the local biology. The approach considers effects on affected fish and shellfish populations and the benefits of any necessary best technology available (BTA) alternatives. This is accomplished through consideration of population impacts, which conversely allows consideration of the benefits of any necessary BTA modifications. This in turn allows selection of BTAs that will protect potentially affected populations in a cost-effective manner. The process also employs risk assessment with stakeholder participation, in accordance with EPA's Guidelines for Ecological Risk Assessment. The information and tools are now available to make informed decisions about site-specific impacts that will ensure protection of aquatic ecosystems and best serve the public interest.     

Knowledge-based voting algorithm for automated protein functional annotation

Automated annotation of high-throughput genome sequences is one of the earliest steps toward a comprehensive understanding of the dynamic behavior of living organisms. However, the step is often error-prone because of its underlying algorithms, which rely mainly on a simple similarity analysis, and lack of guidance from biological rules. We present herein a knowledge-based protein annotation algorithm. Our objectives are to reduce errors and to improve annotation confidences. This algorithm consists of two major components: a knowledge system, called "RuleMiner," and a voting procedure. The knowledge system, which includes biological rules and functional profiles for each function, provides a platform for seamless integration of multiple sequence analysis tools and guidance for function annotation. The voting procedure, which relies on the knowledge system, is designed to make (possibly) unbiased judgments in functional assignments among complicated, sometimes conflicting, information. We have applied this algorithm to 10 prokaryotic bacterial genomes and observed a significant improvement in annotation confidences. We also discuss the current limitations of the algorithm and the potential for future improvement.     

Gene transfer technology in aquaculture

The gene transfer technique, transgenesis, has permitted the transfer of genes from one organism to another to create new lineages of organisms with improvement in traits important to aquaculture. Genetically modified organisms (GMOs), therefore, hold promise for producing genetic improvements, such as enhanced growth rate, increased production and efficiency, disease resistance and expanded ecological ranges. The basic procedure to generate transgenic fish for aquaculture includes: (1) design and construction of transgenic DNA; (2) transfer of the gene construct into fish germ cells; (3) screening for transgenic fish; (4) determination of transgene expression and phenotype; (5) study of inheritance; and (6) selection of stable lines of transgenics.GMOs offer economic benefits, but also pose environmental threats. Optimising the mix of benefits and risks is of fundamental importance. The potential economic benefits of transgenic technology to aquaculture are obvious. Transgenic fish production has the goal of producing food for human consumption; thus the design of genetic constructs must take into consideration the potential risks to consumer health, as well as marketing strategies and product acceptance in the market.     

《名古屋议定书》政府间委员会谈判进展回顾

2010年10月《生物多样性公约》缔约方大会第十次会议通过的《生物多样性公约关于获取遗传资源和公正和公平分享其利用所产生惠益的名古屋议定书》(简称《名古屋议定书》) , 是实现《生物多样性公约》确保公平公正地分享因利用遗传资源而产生惠益目标的里程碑式文件, 该议定书将会在2014年10月12日正式生效。本文回顾了《名古屋议定书》政府间委员会上对遵约机制、全球多边惠益分享机制、信息交换所、能力建设和意识提高等议题的谈判过程, 并对下一步相关工作的开展提出了建议。     

《名古屋议定书》生效后的谈判焦点与对策

2014年10月12日, 《获取遗传资源和公正公平分享其利用所产生惠益的名古屋议定书》(以下简称议定书)正式生效, 10月13日在韩国平昌召开议定书缔约方大会第一次会议。这次会议重点审议了遵约机制、获取与惠益分享信息交换所、资金和财务机制、能力建设与意识提升、全球多边惠益分享机制的必要性等议题。最终各方在下列几个方面达成了一致: 建立议定书遵约机制, 通过获取与惠益分享信息交换所运作模式, 达成一揽子有关资金和财务安排的决议, 通过《支持有效执行议定书的能力建设和发展战略框架》和《议定书意识提升战略》, 启动建立全球多边惠益分享机制的进程。议定书的生效对我国遗传资源及相关传统知识的保护、利用和惠益分享可能带来多方面的影响。我国需要积极推动完善国内遗传资源相关法律法规, 积极推动加入议定书, 适时制定遗传资源获取与惠益分享行动计划, 研究建立获取与惠益分享基金, 以及积极开展议定书后续谈判研究。     

<卡塔赫纳生物安全议定书>及其对转基因农产品国际贸易和生物技术发展的影响与对策

《生物多样性公约》缔约国,为了现代生物技术生产的活性转基因生物（ＬＭＯ）的安全转移和使用,保护人类健康和生物多样性,经过５年的艰苦谈判,于２０００年初通过了《卡塔赫纳生物安全议定书》,成为第一部有关ＬＭＯ的国际法。该《议定书》确认了预先防范原则,允许缔约方禁止或限制ＬＭＯ进境,并要求含有ＬＭＯ的货物附有标签。作者预测了《议定书》对转基因农产品国际贸易和生物技术发展的影响,并对我国应采取的对策提出了     

Methodologies and special considerations for environmental risk analysis of genetically modified aquatic biocontrol organisms

Genetic biocontrol of invasive aquatic species proposes to introduce, for control purposes, a genetically modified (GM) version of an invasive fish species to a targeted aquatic environment. Safe deployment and long term use of such technologies will depend on identifying and managing possible unintended effects to the natural environment. Environmental risk analysis (ERA) is a method for identifying the likelihood and consequences of unintended impacts, and for developing risk management strategies. For the unique situation of genetically modified biocontrol organisms (GMBOs), we review the latest thinking in ERA methodologies for GM fish and explore how terminology and assumptions from ERAs of traditional, non-modified biocontrol organisms and GM fish will need to be recast in ERAs of GMBOs. We also outline some special considerations that an ERA of a GMBOs will have to contend with: non-intuitive potential hazards; uncertainty introduced by extrapolating from domestic systems to natural ecosystems; redundancy in risk management options; and challenges of stakeholder engagement related to new technologies.     

Social Context Influences the Antipredator Behaviour of Fathead Minnows to Chemical Alarm Cues

Prey fishes, like many organisms under fluctuating predation threat, rely on multiple sources of information to accurately gauge current risk. This includes the use of chemical cues such as alarm cues from damaged conspecifics or familiar heterospecifics, as well as the odour of known predators. While each fish is well equipped with its own array of sensory abilities, they should also be alert to the behaviours of nearby neighbours who may have information they lack. In the present study, we tested the ability of fathead minnows to use social cues in combination with the odour of damaged conspecifics and heterospecifics to mediate the assessment of predation risk. Specifically, we tested whether the presence of a shoal of conspecifics or familiar heterospecifics would significantly change a minnow's antipredator behaviour when exposed to the odour of a damage‐release cue from a conspecific or ecologically similar heterospecific. The results of our study showed a significant interaction between the damage‐release cues to which the minnows were exposed and the presence/absence of shoalmates. These findings have important implications for the design of future investigations of antipredator responses because most studies of group‐living prey have been conducted on solitary subjects.     

Cleaning up after human activity in Antarctica: legal obligations and remediation realities

National Antarctic Programmes do not have a strict legal obligation to remediate the Antarctic environment following human activity. The Protocol on Environmental Protection to the Antarctic Treaty (the “Madrid Protocol”) obliges parties to conduct environmental impact assessments to prevent adverse impacts on the polar environment and to “clean up” pollution from waste disposal sites. The obligations stemming from the Madrid Protocol are not clearly defined, and give potential scope for parties to neglect past sites of human activity on the continent. This scope is narrowed by the work of the Committee for Environmental Protection in implementing clear practical clean‐up guidelines for National Antarctic Programmes based on scientific‐based recommendations from the Antarctic Treaty Parties. Despite better modern practice, Parties are still faced with damage from past activities. Some of these sites are deemed to be “beyond help.” This article proposes that rather than abandoning waste disposal sites because of widely acknowledged difficulties, that National Antarctic Programmes prioritize research into restorative methodologies and techniques, while increasing cooperation with other parties to overcome the enormous logistical and economic costs of cleaning up pollution in Antarctica.     

The structuring of GMO release and evaluation in EU law

Genetically modified organisms (GMOs) and their behavior in the environment are complex and can only be assessed if the different components are distinguished. This article examines, how by EU law the real causation processes from the GMO release to various endpoints are dissected, individually analysed and then again viewed in their entirety. In addition, the articles includes, how the intellectual process of assessment is divided into the steps of tiered generation, shared submission and structured evaluation of relevant knowledge. The framework proposed for such an examination allows to identify strengths and weaknesses of GMO risk assessment in the EU.     

The effect of environmental factors on circulation and respiration in teleost fish

Summary Anesthesia, handling and activity can produce large variations in some of the parameters of circulation and breathing movements in fish. Handling and MS222 anesthesis cause a large increase in heart rate in the tench, but have the reverse effect on the trout. Hypoxia causes a decreased heart rate and changes in dorsal aortic blood pressure. Serial sampling of the blood appears to have little effect on the parameters of circulation if the blood is replaced with saline. Removal of blood without replacement causes a decrease in blood pressure and a slowing of the heart. It is suggested that much of the variability observed in the measurement of circulatory parameters in fish can be accounted for by the experimental procedure, rather than demonstrating large inter-specific variations in teleost fish.     

Potential impacts from the release of transgenic plants into the environment

Transformation techniques are making it possible to produce novel and unusual plant phenotypes. When considering the environmental impact of these, it is important to do so in the context of what is known about conventional plant breeding and the thousands of varieties that have been produced during this century and earlier. There has now been over ten years of experience of environmental impact assessment with transgenic plants, and research has enabled that assessment process to be better informed scientifically. There are, however, important challenges for the future. Fundamental changes in plant biology, including enhanced tolerance to stressful environments, may create a class of plants that are different from those that have been produced so far, and there may be lessons to be learnt from the experience worldwide of the release of exotic species into different countries. Scale-dependent effects of transgenic plants in agriculture can only effectively be measured by large scale production and monitoring. The monitoring process presents a number of challenges to provide oversight that is meaningful and helpful in assessing environmental impact. The international transboundary movement of transgenic plants is already a reality, and it is important that our environmental impact assessments take this possibility into account. This includes both intentional transboundary movement, through trade of commodity crops, but also unintentional transboundary movement, including the possibility of seeds being moved by animals, by transportation and by humans across the world. There are some major challenges in devising agricultural strategies for the transgenic crops that will become available in the future. The responsibility for developing agricultural strategy rests at a number of levels. To achieve this, it will be necessary to have effective dialogue between the regulatory authorities, the plant breeding and agrochemical industries, and the farming industry. There are already encouraging moves in this direction and hopefully this will continue.