Biotechnology
Biotechnology
The concept: the term biotechnology has a lot of
definitions. In our opinion the Biotechnology consists of using the living
organisms or others sources to transform the original product to another in
order to react on human and animals health or environment plants.
According to the United Nations CONVENTION ON
BIOLOGICAL DIVERSITY of 1992 Biotechnology" means any technological application
that uses biological systems, living organisms, or derivatives thereof, to make
or modify products or processes for specific use[1].
Another definition of biotechnology has been given by
the American Chemical Society as the application of biological organisms,
systems, or processes by various industries to learning about the science of
life and the improvement of the value of materials and organisms such as
pharmaceuticals, crops, and livestock[2].
So the term Biotechnology brings to mind many
different things. Some think of developing new types of animals. Others dream
of almost unlimited sources of human therapeutic drugs. Still others envision
the possibility of growing crops that are more nutritious and naturally
pest-resistant to feed a rapidly growing world population[3].
In spite of existence of different definitions, there
is an agreement on the purposes of the biotechnology that consist of engineering
or handling cells to get other products than the original or to make then more
productive or beneficial.
But as scientific revolution the biotechnology is not
without critics because of the ethical problems that sometimes arise.
Historical background
The question is to know if does the biotechnology a
new human invention or not. Of course, according to the studies the using of
the biotechnology engineering is not a new event in human history.
Biotechnology in one form or another has flourished
since prehistoric times. When the first human beings realized that they could
plant their own crops and breed their own animals, they learned to use
biotechnology. The discovery that fruit juices fermented into wine or that milk
could be converted into cheese or yogurt, or that beer could be made by fermenting
solutions of malt and hops began the study of biotechnology. When the first
bakers found that they could make a soft, spongy bread rather than a firm, thin
cracker, they were acting as fledgling biotechnologists. The first animal
breeders, realizing that different physical traits could be either magnified or
lost by mating appropriate pairs of animals, engaged in the manipulations of
biotechnology[4].
In the late 20th and early 21st century, biotechnology
has expanded to include new and diverse sciences such as genomics, recombinant
gene technologies, applied immunology, and development of pharmaceutical
therapies and diagnostic tests[5].
Biotechnology becomes more applied after the
discovering of the engineering of DNA at the last century.
The term itself is largely believed to have been
coined in 1919 by Hungarian engineer Karl Ereky. Who was Karl Ereky? Karl Ereky
was born in October 18, 1878, as Wittmann Károly in Esztergom, Hungary, and was
dead in June 17, 1952, in Vac, Hungary. He was and Hungarian agricultural
engineer. The term 'biotechnology' was coined by him in 1917[6].
The research involved activities of many scientists
until it exploded in 1980 s after US Supreme Court recognition that genetically
modified microorganism can be patented in the case Diamond v. Chakrabarty[7]. This leaded to expansion
of many pharmaceutical companies and opened the way to the sprint between them.
This situation leaded to others perspectives as human
cloning engineering. That has provoked many incomprehension and indignations
among peoples and the requirement of the international regulation in the
biotechnology.
Now the biotechnology is widely applied in medicine (pharmacogenomics,
pharmaceutical products, genetic testing, genetic therapy), in agriculture (crop
yield; reduced vulnerability of crops to environmental stresses; increased
nutritional qualities; improved taste, texture or appearance of food; reduced
dependence on fertilizers; pesticides and other agrochemicals) and animals
production.
The term biotechnology is also associated to many and
particular fields of research. Therefore we can divide it into:
‑ Bioinformatics is an interdisciplinary field which
addresses biological problems using computational techniques;
‑ Blue biotechnology is a term that has been used to
describe the marine and aquatic applications of biotechnology;
‑ Red biotechnology is applied to medical processes;
‑ White biotechnology, also known as industrial
biotechnology and etc.
The biotechnology has become a part of our daily
activities and life. It allows to solve a lot of problems that are faced the
humanity, such the world population growth and need of food supply and dealing
with the already existed and new appearing illnesses.
But, in spite of the aforesaid importance of the biotechnology
in different grounds arise some practices and opinions against the development
and trends of the biotechnology, because of the ethics issues.
The problems concern the possibility and evidence of designed
babies and human cloning, the impact of the breeding plants on human being and
his health, discriminable and other purposes use of the genetic data, the
consequences of the new invents on the ecosystem, the accessibility of the
benefits of researches, etc. All these situations bring to the philosophical
controversies based on bioethics and applied sciences.
For instance the Human Genome Project was one of the
controversial project launched in USA in 1990s by the National Institutes of Health
and the Ministry of Energy. The project was consisted to identify all the human
genetics in order to know the impact of new energies on human health.
Also in the use of some pesticide (herbicides), which
can have a harm impact on environment and products contamination are very
contested.
All means that the matters related to the
biotechnology needed to be regulated at international and regional levels as at
national level. The regulation of the biotechnology at international level has
become more and more real than tye pass. Thousand years ago no one does never
think about these matters. It becomes reality only after the Second World War
and the establishment of the United Nations.
Regulation of biotechnology at
international level
There are many international documents that regulate
the biotechnology issues. First of all, the International Bill of Rights that
recognizes the freedom of each one and the freedom of scientific researches.
For instance, the art. 15 (b) of the International Covenant on economical,
social and cultural rights enshrines “the right to enjoy the benefits of
scientific progress and its applications”.
The main international documents in the ground of
human heath and cloning are the Universal Declaration on the Human Genome and
Human Rights[8]
and the United Nations Declaration on Human Cloning[9]. But as these documents are
already have been analyzed during ours studies of the human cloning and
bioethics, now we just go to analyze the those matters related to the
biotechnology in the agriculture and environment.
Nowadays, the main international documents that are
addressed the questions of biotechnology in the field of human right and environment
are the International Convention on biological diversity of 1992 of Rio de
Janeiro (Convention) and the additional Protocols: The Cartagena Protocol on
Biosafety to the Convention on Biological Diversity adopted on 29 of January
2000. It entered into force in 2003 and the Nagoya (Kuala Lumpur) Supplementary
Protocol on Liability and Redress to the Cartagena Protocol on Biosafety of 29
of October 2010.
The adoption of the Convention on biological diversity
was a big progress not only in the ground of biotechnology but also in the
whole environment issues. The Convention gives the definition what means
biotechnology (Art. 2). Also in the scope of the Convention has established
principles, jurisdictional measures, the cooperation between States for
exchange of information and sharing of the biotechnological handling, technical
and scientific cooperation; general measures for the conservation and
sustainable use of biodiversity; monitoring measures; public awareness,
education and actions; access to genetic resources and technologies; financial
measures etc.
The art. 1 of the Convention refers to the objectives
and stipulates that the conservation of biological diversity, the sustainable
use of its components and the fair and equitable sharing of the benefits
arising out of the utilization of genetic resources including the appropriate
access to genetic resources and appropriate transfer of relevant technology,
the rights over the resources and technologies and appropriate funding
constitute the main trends enshrine into the Convention.
The Convention pays particular attention to the rights
and the obligations of the States under the provisions. The Convention confirms
the sovereignty of the States on their natural resources (art. 3, 6, 15).
At the same the Convention impose obligations to the
States to take all necessary measures for the conservation and sustainable use
of biodiversity through education, public awareness, international cooperation
and other measures seemed necessary (art. 5, 11, 12, 13).
In their relevant activities of biodiversity States
have obligations to preserve the biodiversity from the adverse effects by
protection, promotion rehabilitation ecosystem alone as in cooperation with
others States in the aims (art. 6, 7, 8, 14).
The States in their international cooperation must
take in account the situations of developing countries by making accessible the
technologies, exchanging information (art. 15, 16, 17, 18).
The first Protocol to the Convention Cartagena
Protocol (Protocol 1) on biosafety refers to important aspect of biotechnology
as concerning the handling, production, package, transfer or distribution and
the use of the living modified organisms that can have an adverse impact on the
human health and the environment.
The Protocol 1 imposes strict measures to the States
particularly during their transboundary exchanges of living modified organisms
for safety reasons. It remains the liabilities of the States that can occur
during the exchanges.
The second Protocol to the Convention (Protocol 2)
emphasizes the access to the genetic resources and the fair and equitable
sharing of benefits arising from their utilization. The achievement inside the
Protocol to is not only the access to the genetic resources and the fair and
equitable sharing of benefits arising from their utilization between the States
but also the recognizing and enjoyment of all rights that are resulted from the
biological resource activities by the indigenous peoples and local communities
(art. 5 (2), 6 (2), 7).
To implement the provisions of the Convention and
related to it both Protocols, the States must take administrative, economic,
legal and other measures seemed necessary.
The Convention and its Protocols provide for their own
implemental organs that consist of the Conference of the parties (COP), the
Secretariat and other subsidiary organs.
The COP was established as a main organ that decides
for the mains activities of the country members in the ground of biodiversity
in accordance with the scopes of the Convention and the both Protocols (art.
21, 23).
The Secretariat is administrative and technical organ
established under the art. 24 of the Convention. The Secretariat has the duty
to cooperate with other international bodies. The Secretariat Earthquake is
located in Montreal (Canada). The General Secretary is appointed by the COP
under the proposition of the General Secretary of United Nations.
Clearing-house is center to established in order to
promote and facilitate technical and scientific cooperation in accordance with
the Convention (art. 18 (3)).
Subsidiary organs can be established in if that seems
necessary (art. 25 of the Convention and the Annex II, Part I to the Convention).
In according to the provisions of the Annex II
providing for arbitral mechanism, many cases have been deal.
Biotechnology is human knowledge that always existed
and has been involved the whole human activities. From the prehistory to
current days the biotechnology has been brought a sustainable contribution in
human life, particularly in the time of world population growing.
At the same time the modern biotechnology constitutes
a new challenge for the mankind because of its adverse effects not only on
human health but also on the environment as a whole. The scientific progress
and industrial race to profits particularly in ground of the biotechnology
recalls for its regulation at national, regional and international regulations.
Therefore the drafting and adoption of international
mechanisms to regulate the biotechnology constitute a relevant obligation and
prove the maturity of the mankind. Nowadays we have more than 193 countries that
are parties to the International Convention on Biodiversity including 168
signatures[10],
166 countries are parties of the Protocol 1[11] and 14 countries
including Regional organizations for the Protocol 2[12].This interest of the
States to the Convention and its protocols show the importance of biodiversity
regulation.
[2] Biotechnology. Portal.acs.org. Retrieved on
2013-03-20.
[3] Pamela
Peters, from Biotechnology: A Guide To Genetic Engineering. Wm. C. Brown
Publishers, Inc., 1993. http://www.accessexcellence.org/RC/AB/BC/what_is_biotechnology.php
[5]
''Incorporating Biotechnology into the Classroom – What is Biotechnology?'',
from Incorporating Biotechnology into the High School Classroom through Arizona
State University's BioREACH PROGRAM, Arizona State University, Microbiology
Department, retrieved October 16, 2012. Public.asu.edu. Retrieved on
2013-03-20.
[6]
Biotechnologie der Fleisch-, Fett-, und Milcherzeugung im landwirtschaftlichen
Grossbetriebe: für naturwissenschaftlich gebildete Landwirte verfasst / von
Karl Ereky, 1919, Berlin (Catalog record from Hathi Library, fully digitized
text, accessed on October 16, 2012)
[7] "Diamond v. Chakrabarty, 447 U.S. 303
(1980). No. 79-139." United States Supreme Court. June 16, 1980. Retrieved
on May 4, 2007.
[8] Universal Declaration on the Human Genome and
Human Rights, adopted by General Assembly by the resolution 53/152 of 9 December
1998.
[9] Resolution adopted by the General Assembly
[on the report
of the Sixth Committee (A/59/516/Add.1)] 59/280United Nations Declaration on
Human Cloning
[10] www.cbd.int/convention/parties/list/
[11] Parties to the Protocol and signature and ratification of the
Supplementary Protocol // bch.cbd.int/protocol/parties/
[12] Parties to the Protocol and signature and
ratification of the Supplementary Protocol //
bch.cbd.int/protocol/parties/#tab=1
