The Civil Liability's Basis of Genetically Modified Foods (Transgenic) with Comparative Study in Iran's Law and International Instruments

Producing Genetically­Modified­foods plays one of the key roles in addressing the increasing needs for foods. The development and increasing use of GMfoods، despite its benefits and advantages،causes its­own problems and challenges، as well. The exclusive characteristic of these types of products and the human and environment-related effects have made discussion over this issue twice assignificant. Among many legal challenges lies the problem of how to determine civil liability’s ­basis of these products that has brought about controversies throughout international instruments and legal systems. Available international instruments regarding this issue include The­Cartagena­Protocol­on­Bio-safety،which Iran officially joint itin1382; in­addition،Nagoya–KualaLumpur­Supplementary­Protocol has been enacted on liability and redress of these products. In this paper، in view of the fact that domestic rules have­not stipulated anything regarding this issue،it’sbeen tried to determine the status of the mentioned issue in international instruments as­well­as obtaining an appropriate basis conforming to Iran’s law. Byconsidering international instruments and different viewpoints in Iran’slaw،strict liability seems to be fitting and complying with both Iran’s­law and international instruments.