Earth Negotiations Bulletin
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Curtain Raiser
22 Oct
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24 Oct
25 Oct
26 Oct and Summary

Fourth meeting of the Ad Hoc Open-ended Working Group of Legal and Technical Experts on Liability and Redress (WGLR4) in the context of the Cartagena Protocol

22-26 October 2007, Montreal, Canada

Highlights from Wednesday, 24 October

On Wednesday morning and early afternoon, the Working Group met in plenary and continued exchanging views on options for elements of rules and procedures on liability and redress. The plenary discussions addressed state responsibility, damage and the primary compensation scheme. In the afternoon and evening, sub-working groups convened and considered damage, administrative approaches and civil liability.
Photo: Damage Sub-working Group Chair Jürg Bally, Switzerland, with US delegates

Options for elements of rules and procedures on liability and redress: Damage

Oum Pisey, Cambodia (left), said that the definition of damage should not be limited to the environment and human health. Ben Turtur Donnie, Liberia, for the African Group (right), indicated that socio-economic damage should also be covered.

Concerning the definition of damage, Nobuyuki Kikuchi, Japan (left), called for an approach that addresses measurable and considerable damage to the conservation and sustainable use of biodiversity caused by transboundary movements of LMOs. Gurdial Singh Nijar, Malaysia (center), agreed on the need for a broad definition and elaborated that it should encompass, inter alia, damage to the conservation and sustainable use of biodiversity; damage to human health, traditional damage; and also take into account socio-economic damage. India (right) stressed that also traditional damage should also be covered.

Delegates from Colombia during the monring plenary (left). Julian Kinderlerer, Public Research and Regulation Initiative (right), proposed including risk to human health in the definition of damage.

Concerning causation, Kathryn Youel Page, US (left), stressed the need for a clear causal link between the damage and the transboundary movement of living modified organisms (LMOs). Delegates consulting on the text (right).

Options for elements of rules and procedures on liability and redress: Civil Liability

Juan Lopez Villar, Friends of the Earth (left), said that the research has not been sufficient to establish that LMOs are not hazardous. Matthias Buck, EC (right), preferred continuing discussions on the standard and channeling of liability in a sub-working group.

In discussing civil liability, Anne Daniel , Canada (right), favored a fault-based approach.

Sub-working Group : Damage

Sub-working Group Chair Jürg Bally, Switzerland during the afternoon session (left). Delegates negotiated text on the screen during the Sub-working Group on damage (left). Nicola Notaro, European Community, during the sub-working group (right).

Contact Group: Administrative approaches