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Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis
While genetically modified (GM) crops are argued to be key to managing global food shortages and improving agricultural efficiency, they also pose potential threats to the environment and biodiversity, agricultural systems, and socio economic structures. These risks need to be carefully considered a...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867613424753573888 |
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| access_status_str | Open Access |
| author | Niland, Phillipa |
| author2 | Paterson, Alexander |
| author_browse | Niland, Phillipa Paterson, Alexander |
| author_facet | Paterson, Alexander Niland, Phillipa |
| author_sort | Niland, Phillipa |
| collection | Thesis |
| description | While genetically modified (GM) crops are argued to be key to managing global food shortages and improving agricultural efficiency, they also pose potential threats to the environment and biodiversity, agricultural systems, and socio economic structures. These risks need to be carefully considered and adequately provided for in a legislative framework. In particular, it is necessary that an effective liability and redress regime is incorporated as it is central to the management of risks posed by GM crops. It is furthermore appropriate in the light of the precautionary principle. South Africa has one of the fastest uptakes of GM crops in the world with a rapidly developing biotechnology industry. While steps have been taken to better provide for situations where harm is caused by Genetically Modified Organisms (GMOs), the liability and redress provisions contained in the South African GMO legislation are unfortunately still lacking in some respects. The difficulties associated with other environmental liability regimes are also true for GMOs although there are some more specific concerns related to GMOs. Nonetheless, it is imperative that an effective liability regime is constructed. However, this needs to be carefully balanced against the benefits which stand to be gained from the technology. This paper will discuss the liability and redress regimes of jurisdictions in both the European Union and Africa. These jurisdictions will be compared and analysed in order to distill an appropriate 'best practice' for the South African situation. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42983 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:35:56.163Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42983 Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis Niland, Phillipa Paterson, Alexander genetic modification South Africa While genetically modified (GM) crops are argued to be key to managing global food shortages and improving agricultural efficiency, they also pose potential threats to the environment and biodiversity, agricultural systems, and socio economic structures. These risks need to be carefully considered and adequately provided for in a legislative framework. In particular, it is necessary that an effective liability and redress regime is incorporated as it is central to the management of risks posed by GM crops. It is furthermore appropriate in the light of the precautionary principle. South Africa has one of the fastest uptakes of GM crops in the world with a rapidly developing biotechnology industry. While steps have been taken to better provide for situations where harm is caused by Genetically Modified Organisms (GMOs), the liability and redress provisions contained in the South African GMO legislation are unfortunately still lacking in some respects. The difficulties associated with other environmental liability regimes are also true for GMOs although there are some more specific concerns related to GMOs. Nonetheless, it is imperative that an effective liability regime is constructed. However, this needs to be carefully balanced against the benefits which stand to be gained from the technology. This paper will discuss the liability and redress regimes of jurisdictions in both the European Union and Africa. These jurisdictions will be compared and analysed in order to distill an appropriate 'best practice' for the South African situation. 2026-03-16T09:03:34Z 2026-03-16T09:03:34Z 2009 2026-03-16T08:09:21Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42983 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | genetic modification South Africa Niland, Phillipa Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis |
| thesis_degree_str | Master's |
| title | Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis |
| title_full | Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis |
| title_fullStr | Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis |
| title_full_unstemmed | Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis |
| title_short | Formulating an effective liability regime for genetic modification regulation in South Africa: a critical and comparative analysis |
| title_sort | formulating an effective liability regime for genetic modification regulation in south africa a critical and comparative analysis |
| topic | genetic modification South Africa |
| url | http://hdl.handle.net/11427/42983 |
| work_keys_str_mv | AT nilandphillipa formulatinganeffectiveliabilityregimeforgeneticmodificationregulationinsouthafricaacriticalandcomparativeanalysis |