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2012 Int'l Conf. Educ. & Creativity for Knowledge-Based Soc'y 88 (2012)
Aspects of the Legal Implications of Biotechnology in the Context of Environmental Liability and Life

handle is hein.journals/icedvtykbs2012 and id is 89 raw text is: ASPECTS OF THE LEGAL IMPLICATIONS OF BIOTECHNOLOGY IN THE CONTEXT OF ENVIRONMENTAL LIABILITY AND LIFE Deaconu-Dascillu Diana-Nicoleta, Assistant professor, Titu Maiorescu University Deaconu Silviu, Lawyer, Gorj Bar Abstract A clear and effective legal protection in biotechnology is essential, both for economic development in Europe and for scientific and technical research. Social and legal reality requires to take into account the development potential of biotechnology on the environment and, especially, the usefulness of this technology for the development of cultivation methods cleaner and more economical in terms of how to exploit the land. The development of biotechnology is important for developing countries, both in health and combating major epidemics and endemic diseases and in that of combating hunger in the world, and the implementation of biotechnological inventions have not only imposed limitations of inventions, but also specific legal protection. 1. GENERAL ISSUES REGARDING BIOTECHNOLOGY Biotechnology is a field of research, which, through the fact that it has created innovative techniques in different and most diverse other fields of research, it also raises and has risen various social, economic and legal issues. With the amazing development of science and technology, in the matter of biotechnology, issues regarding the question of how biotechnology is affecting fundamental human rights? have risen. Fundamental human rights require, as expected, limitations regarding biotechnology research and innovations that can transform them into reality. F.Fukuyamal32 stated that the most significant threat posed by contemporary biotechnology is the potentiality to change human nature. The uncertainty of the laws engages with public anxieties about social danger posed in legal, ethical and anthropological terms by Biotechnology. More or less obvious is the fear of a possible biotech apocalypse. The law is called upon to decide between maximum permeability and rigorous limitation of scientific research and biotechnology applications. Biotechnology should be subject to regulation where the key to success should be a scientifically organized and rationally managed system, which should ensure a fair assessment 133 of risks and institute rigorous security and control procedures 2. LEGAL IMPLICATIONS REGARDING BIOTECHNOLOGY Currently, regarding the regulation of legal implications, limitations and influences of biotechnology in the context of protection of fundamental human rights there is a legal framework instated by the European Convention for Human Rights and Dignity towards the applications of biotechnology and medicine and the Convention regarding human rights and biomedicine, ratified by the Romanian Parliament by Law no. 7 of 22.02.2001. This Convention assumes that scientific research and biotechnology should be used properly for the benefit of present and future generations, tending towards an international cooperation with the purpose to ensure the benefits of biotechnology and medicine for the entire population of the world, but emphasizing the need to respect human beings and their right to dignity. The main ideas arising from the above mentioned legal text are: * Human interest and care must prevail over sole interest of society or science (2d art.) 132 Francis Fukuyama , Viitorul nostru postuman, Humanitas Publishing House, Bucharest, 2004, p. 19 133 Costica Voicu, Dreptul si Biotehnologia, http://fs.1egaladviser.ro/643bc446935353dl4e236c7e017fl3ff.pdf 88

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