The Role of Transgenics in Overcoming the Water Crisis; Necessary Criminalization In Support of Food Security
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 12 No. 37 (1401),
20 June 2022
,
Page 1-17
https://doi.org/10.22037/bioeth.v12i37.35833
Abstract
Background and Aim: Water is the cause of appearance, persistence and efficiency. Insecurity arising from the lack of sustainable access to water resources for citizens may disturb stability and security and challenge the legitimacy of the political system. Preventing water insecurity in hydropolitical relationships requires legal protection of water against water crimes and infractions.
Methods: This article is theoretical and uses data from books, articles and relevant laws and regulations to critically analyze legal protection of water and biosafety laws in a qualitative and non-statistical research method.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: Criminal protection, through coercive prevention and determining punishments for water crimes, is one of the deterrents to the escalation of the agricultural crisis in Iran; A crisis that increases the need to import agricultural and food products with the decline of water resources and poor water management. As a result, the growth of imports of unsafe transgenics, leading to a preference for food security over the right to "healthy" food, is causing other crises. Today, new food and ecosystem technologies have such a moral value that adequate and accurate criminal protection is necessary. The weakness of domestic laws and legal procedures both in protecting water and in protecting the rights of consumers of GMOs, requires criminalization aimed at protecting food security in the increasing need for transgenics in the water crisis.
Conclusion: This article critiques some of the existing rules and regulations on criminal protection of water and biosafety in the consumption of transgenic food, providing a framework for criminalizing criminal behavior against the food supply chain with absolute responsibility - or with the presumption of criminal responsibility. Criticizing the articles of criminal and non-criminal laws related to GMOs and crimes against water, along with presenting draft articles to be added to the Bill on Punitive Punishments, in order to hold the government and private legal entities responsible for the implementation and monitoring of food safety laws, in compliance with the "principle The minimal and limited intervention of punishment as a last resort" is the target of this article; Therefore, limiting severe punishments to bioterrorist and organized types of crimes against food security provides a variety of legal responses that are appropriate to the nature and severity of the wide range of these crimes.
Please cite this article as:
Khaghani Esfahani M. The Role of Transgenics in Overcoming the Water Crisis; Necessary Criminalization In Support of Food Security. Akhlaq-i zisti, i.e., Bioethics Journal. 2022; 12(37): e17.
- Food Transgenics Legal System; Crimes Against Water; Duality of Food Safety and Food Health
How to Cite
References
Luc B, Cardwell M. Anti-GM protestors and the criminel court. A comparative approach: France-United Kingdom. in A. Carretero Garcia (dir.), IX congrès mondial de l’UMAU "Agricultura transgenica y calidad alimentaria". Ediciones de la UCLM; 2011. p.173-184.
Tourangeau W, Fitzgerald A. Food Crime and Green Criminology. 2nd ed. London: Routledge; 2020.
Lynch MJ, Long MA, Stretesky PB. Political Economy, Food and Eco-justice. In: Green Criminology and Green Theories of Justice. Palgrave Studies in Green Criminology. London: Palgrave Macmillan, Cham; 2019. p.193-206.
Mirkamali SA, Hosseini M, Sobhani H. Criminal liability for the production and supply of unauthorized transgenic products In the Contemporary Iranian legal system. Tārīkh-I pizishkī. 2021; 13(46): e10.
Razmkhah D. Access to Sufficient Food as a Human Right in the Legal System of World Trade Organization with the Emphasis on Transgenic Food. Journal of Legal Research. 2019; 18(38): 45-68. [Persian]
Kousha J, Ghorbani Ghalajloo M. Iranian Criminal Policy against Behaviors Threatening Food Security. The Judiciary’s Law Journal. 2018; 82(102): 129-160. [Persian]
Busta F, Kennedy SH. Defending the Safety of the Global Food System from Intentional Contamination in a Changing Market, Advances in Food Protection-Focus on Food Safety and Defence, NATO Science for Peace and Security Series-A: Chemistry and Biology, edited by Magdy Hefnawy. New York: Springer; 2011. p.91.
Narula S. The Right to Food: Holding Global Actors Accountable Under International Law. Columbia Journal of Transnational Law. 2006; 44(3): 691-800.
Esfandyari CH, Mirabbasi SB. Examination of the Aspects of the Right to Food and Food Security in International Documents. MLJ. 2015; 9(35): 157-184. [Persian]
Forughinia H, Naghavi Morovvati M, Naghavi Morovvati A. The Nature of Governments' Obligations Regarding The Right to Food from the Perspective of International Human Rights and Humanitarian Rights. Islamic Human Rights Studies Quarterly. 2013; 3(7): 133-159. [Persian]
Abbasi M, Razmkhah N, Heydari B. GM Food Products and toward Challenges from The Perspective of Bioethics and Right to Food. Bioethics Journal. 2016; 4(12): 131-164. [Persian]
Ghari S, Fatemi SM, Rezaeian S. State`s Responsibility for Protecting the IPRs and the Food Security of Citizens. Judicial Law Views. 2018; 23(83): 157-182. [Persian]
Heydari B, Abbasi M, Razmkhah N. Transgenic Biotechnology and the Right to Work in International Human Rights with Emphasis on Rural Communities. International Law Review. 2015; 31(51): 259-281. [Persian]
Gharib H. Current Situation of Food Security in Iran and Future Outlook. The Scientific Journal of Strategy. 2013; 21(4): 345-369. [Persian]
Ahmadipour Z, Ahmadi E. The analysis of the effective factors of the failure of "water governance" in Iran. Quarterly Journal of The Macro and Strategic Policies. 2021; 8(5): 111-140. [Persian]
De Schutter O. The World Trade Organization and the Post-Global Food Crisis Agenda. New York: UN Special Rapporteur on the Right to Food Office; 2011. Briefing Note 04.
Afshar M, Dehshiri M. Water crisis in the Middle East. Journal of Political Strategy. 2020; 3(11): 99-117. [Persian]
Abedi S. Water Governance and Evaluation of its Impacts on Water and Food Security. Journal of Water and Sustainable Development. 2020; 7(1): 1-12. [Persian]
Moradi F, Mir Khalili SM, Darabi SH. The Jurisprudential-Legal Principles of Iran's Criminal Policy to Combat Water Crimes. Journal of Jurisprudence and Philosophical Studies. 2019; 10(37): 15-35. [Persian]
Walters R. Eco Crimes and Genetically modified foods. London: Routledge; 2011. p.217.
Talaie F, Razmkhah A. Relation between the Right to Food and Agricultural World Trade Policy: Cooperation or Confrontation?. Journal of Legal Research. 2018; 17(35): 55-82. [Persian]
Nayeri S, Tohidfar M. Comparative Assessment of Biosafety Aspects Between Nanotechnology and GMOs. Journal of Biosafety. 2017; 9(4): 33-44. [Persian]
Bahremand H, Rostami S. Analysis of the Effectiveness of Iran's Penal Policy in Relation to Water Related Offences. Journal of Researches Energy Law Studies. 2017; 2(2): 229-252. [Persian]
Samavati Pirouz A. Analysis and Criticism of Iranian Biosafety Act (2009) with a Focus on Approaches of Criminal Law. MLJ. 2010; 4(12): 149-167. [Persian]
Khaleghi A, Rashnavadi H. The Iran Criminal Legislative Policy for the Preservation of Water Resources with Regard to the International Instruments. Journal of Criminal Law Research. 2013; 1(3): 119-141. [Persian]
Vatankhah R, Najafi Tavana A, Abbasi M. Comparative Study on Biotechnological Crimes in Iran and British Laws. MLJ. 2019; 12(47): 163-196. [Persian]
Pouresmaeili A, Vaezi Kakhki MR, Bameri E. A Comparative Study of the Consumers Rights of GM Crops in Iran and European Union. Bioethics Journal. 2016; 7(24): 99-114. [Persian]
Chah Abi G, Gorjifard H. Study of the Criminological Dimensions of Transgenic Materials, from the Green Criminology Perspective. Judgment. 2017; 17(91): 25-59. [Persian]
Walters R. Food Crime, Regulation and the Biotech Harvest. European Journal of Criminology. 2007; 4(2): 217-235.
Heidary KH. Evaluation the impact of US sanctions on food security in Iranian households. Social Security Journal. 2018; 14(3): 35-52. [Persian]
- Abstract Viewed: 332 times
- PDF (فارسی) Downloaded: 179 times