Developing legal regulatory frameworks for modern biotechnology: The possibilities and limits in the case of GMOs

Abstract

This paper looks at attempts that have been made to develop legal regulatory frameworks for modern biotechnology. The discussion is limited to the regulation of Genetically Modified Organisms (GMO) technology by the two leading producers and exporters of GMOs in Africa: South Africa and Kenya. The international and regional regulatory regimes are analysed for comparative purposes since the two countries have partially based their regulatory frameworks on these regimes. The methodology used is
analytical; the challenges that are posed by GMO technology are analysed from public policy and legal perspectives. The main argument that is advanced is that the challenges that are frequently viewed merely as problems ought to be considered as indicators of possibilities and limits in regulating this fluctuant field. Ideas on the factors to be considered in developing appropriate regulatory frameworks for biotechnology are put forth to serve as a wake up call to policy makers and legislators that have to deal with such issues. It is concluded that a holistic approach should be used in addressing the pressing issues that are raised by biotechnology generally and GMOs in particular.