The article provides a background on the perceived risks and benefits of living modified organisms (LMOs) and major scientific assessments made. It gives a brief account of the negotiations which led to the adoption of the Cartagena Protocol. The main focus is on describing and analysing the Advance Informed Agreement (AIA) procedure and the provisions for risk assessment and decision-making, including the precautionary approach and socio-economic considerations. Of particular interest is the way the procedure may contribute to strengthening the de facto territorial sovereignty of prospective importing States. The article further analyses the implementation of the AIA procedure in EC law and how this corresponds to the Protocol. It also gives attention to the provisions on access to information and public participation as means to enhance the legitimacy and quality of decisions regarding LMOs. Strengths and weaknesses of the Protocol with regard to the objective of strengthening the ability of importing countries to make and implement informed decisions are analysed. The article accounts for developments up to the second Meeting of the Parties held in June 2005.
European Energy and Environmental Law Review