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4 Asia Pac. J. Envtl. L. 125 (1999)
Releasing Genetically Modified Organisms into the Environment: Legal Concerns East and West

handle is hein.journals/apjel4 and id is 129 raw text is: Releasing Genetically Modified Organisms into
the Environment: Legal Concerns East and West
John Candlish*
Associate Professorial Fellow, Biochemistry Department, Faculty of Medicine, National
University of Singapore, Singapore
Abstract
Early concerns over the release of genetically modified organisms (OMOs) into the
environment led to the development of ad hoc regulatory mechanisms against possible
environmental damage. To date there is no report of environmental harm due to GMOs.
This has reassured neither the general public or non governmental organisations and
genetic engineering is as unlikely to be as free from sporadic disasters as any other human
activity. In the aftermath of environmental harm from GMOs a number of branches of law
are potentially available for restitution. These are discussed with reference to a theoretical
crisis after a controlled release of a GMO. Most of these remedies, like actions for public
and private nuisance, trespass and negligence, and Rylands v. Fletcher have to operate ex
post facto, which is by consensus a deficiency in environmental law.
Key Words
Genetically modified organisms, safety regulations, negligence, nuisance
This article reflects the law up until 1 January 1999.
*The author would like to thank Professor K. L. Koh, National University of Singapore, for encouragement in
this line of enquiry.
ASIA PACIFIC JOURNAL OF ENVIRONMENTAL LAW, VOL 4, ISSUE 2 @ Kluwer Law International, 1999

125

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