Abdul Haseeb Ansari

GATT/WTO and MEAs: Resolving the competing paradigm

Although free trade law and environmental law especially contained in multi lateral environmental agreements (MEAs) are more or less compatible, however, some twenty MEAs might create a conflicting situation with the GATT/WTO regime. Efforts through CTESS are being made to make the two regimes compatible with each other. But an amicable solution towards harmonizing them still seems to be far. It is said that if all WTO Member states have the political will to agree to one suggestion, the problem can be solved. But due to politicization of the WTO, a common view is difficult to be reached. It is true that all states want protection of the environment. It is evident from the fact that many MEAs have relatively a large number of members, and their member states are sincerely working on enforcing treaty norms contained in them. But when it comes to a conflict situation with international trade, differences among them becomes eminent. In spite of this, an optimistic view that the two regimes can be made complementary to each other is still being given importance. It is for this reason that states are forwarding their suggestions to the CTESS and the discussion is being carried forward on those suggestions. The paper critically examines the reality of ‘conflict or congruity’ between free trade law and environmental law, evaluates various suggestions to make the two regimes compatible with each other, and offers one suggestion that can bring about harmony and will be viable.

The interface between TRIPS and CBD: efforts towards harmonisation

Purpose – The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations.Design/methodology/approach – Within the framework of sustainability, this paper adopts a socio‐legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments.Findings – The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the peoples freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to developmen...

LMOs/GMOs, the environment and the people: a critical exposition

A continuous viable research used to develop living modified organisms/genetically modified organisms (LMOs/GMOs) by biotechnologists around the world is a sine qua non for providing subsistence to the ever growing populations in developing and least developed countries because they will continually experience rise in population till 2050. Moreover, it is necessary that all LMOs/GMOs are safe for human consumption and compatible with the environment; thus, they should save lives instead of taking lives by being spurious. This requires restraint on self-interests, economic and personal interests on the part of the developers of LMOs/GMOs, especially biotechnologists, companies engaged with biotechnology researches and governments. As a matter of fact, all LMOs/GMOs must pass through an intensive risk assessment provided in certain international legal instruments before they are allowed to be marketed for human consumption or introduced into the environment. So far international trade in LMOs/GMOs is concerned, it is the duty of the exporting as well as importing countries to perform universally acclaimed lab and field testing in order to ensure their safety to human health and to be environmentally friendly so that sustainability imperatives are adhered to. This study discusses ways and means to achieve these imperatives in the light of relevant international laws, and it offers certain amicable suggestions for ensuring pubic interests. Key words: LMOs, GMOs, traditional knowledge, geographical indication, environment, international trade.

Biosafety Protocol, SPS Agreement and export and import control of LMOs/GMOs

Purpose – When genetically modified organisms (GMOs) were put into the international trade, people in many countries, especially European countries, became skeptical of them. A perception developed that they are harmful to human, animal, plant life and health, and destructive to the environment. It is true that if there is no safe use of genetically modified living organisms (LMOs), other species might be affected causing loss to the environment. So as to ensure safe use of LMOs and GMOs, the Cartagena Protocol and the SPS Agreement were, respectively, made. The purpose of this paper is to critically examine both the legal instruments and to explore ways to make them co‐existent, so that human, animal, plant life and health, and the environment are protected without affecting the international trade in LMOs and GMOs.Design/methodology/approach – This paper undertakes a critical examination of the issues surrounding GMOs and LMOs.Findings – The Cartagena Protocol and the SPS Agreement serve two different p...

GMOs, safety concerns and international trade: developing countries' perspective

Purpose – This paper seeks to provide an in‐depth discussion on the impact of agricultural biotechnology in developing and least developed countries (LDCs) as well as the concomitant biosafety concerns that might have an impact on trade and the environment whilst highlighting the importance of choosing development pathways that are conducive to the specific needs of these nations without endangering the biodiversity and affecting peoples health.Design/methodology/approach – The paper adopts a socio‐legal approach by undertaking a content analysis of decided cases, relevant treaties and existing studies conducted in areas related to agricultural biotechnology within the framework of sustainable development imperatives.Findings – The paper suggests that developing countries venturing into agricultural biotechnology need to enrich the technology according to their needs and capabilities in order to be able to weigh the benefits against the risks in the production and import of genetically modified organisms...

Application of precautionary principle in international trade law and international environmental law

Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practic...

Information Asset as Property: A Legal Perspective

‘Information asset’ has not been perceived only as a jargon of the information age we are living today. Rather, it has increasingly become the reality, where people and society attach more values on business information and information system. The contemporary ‘information age’ is, therefore, not merely about a change of gadgets, but more so about a change of a whole environment. It is an arena where information becomes the main asset of business and the most valuable property of its owner.

Establishment of judicial review and elements of its emergence in Egypt

This paper explores judicial review in the provision of judicial review in the Egyptian legal system, and explores the historical and political background as well as the reasons for the establishment of the judicial review for determining constitutionality of laws. This paper also examines the elements that have helped to develop this. Finally, this paper applies the case study methodology by choosing Egypt as being the first Arab country that authorised its courts, especially the Supreme Constitutional Court, the right to apply judicial control which aided in the establishment of the principles of separation of powers, the rule of law and the independence of judicial authority. The paper concludes that the process of judicial review has contributed the Egyptian legal system in manifest ways, especially in development of healthy laws and making judiciary a more or less independent body as it operates under the authority of the Minister of Justice. The authors have relied on the historical and descriptive as well as analytical research methodologies.

The role of police in primary investigation of terrorism cases in Jordan

This paper examines the role of law by enforcement agents, especially the police, in investigating the crime of terrorism in Jordan, and focuses on the procedural rules for the investigation of terrorism, the nature of the police agencies in the Jordanian criminal justice system, the main traditional and specified, investigatory and accusatory authority of police agents and the basic right of protection of the accused against actions taken by government agencies, at the preliminary investigation stage. In this article, the authors have adopted the qualitative research methodology. The paper concludes that in order to provide more realistic protection to the accused during investigation, the law should be reviewed.