RESPONSIBILITY FOR DAMAGES ARISING FROM GENETICALLY MODIFIED ORGANISMS AND ITS PRODUCTS

Abstract

Concerns about genetically modified organisms are increasing day by day, perhaps with the effect of not knowing the concept exactly. Unfortunately, there are serious debates about these products all over the world as well as in Turkey.
Genetically modified organisms are a new technology that has not been applied before, with complex and far-reaching effects. Time is needed to scientifically determine the risks of this new technology. It is imperative to take scientific and legal measures against possible risks. Therefore, it was decided to establish a biosafety system in order to prevent the risks that may arise from genetically modified organisms and products resulting from this technology. Biosafety Law No. 5977 was enacted on 18.03.2010 in order to determine procedures and principles regarding the regulation, supervision and monitoring of activities related to this subject.
The legal liability regulation regarding genetically modified organisms is regulated under the heading "basic principles of responsibility" in article 14 of the law. Following the examination of the regulation as a whole, it can be concluded that the provisions, in this form, bring hazard responsibility, which is the heaviest form of cause liability.