Authors |
Occupation: Senior Researcher Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation,
Address: Moscow, Bolshaya Cheryomushkinskaya, building 34
Occupation: Asstant Professor of the International Law Department Affiliation: Diplomatic Academy of Russian Foreign Ministry
Address: 119021, Moscow, st. Ostozhenka, 53/2, building 1.
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Abstract | Currently, genetic technologies continue to develop in various crises and discoveries, despite the lack of legal regulation of this area, for example, in the field of human cloning, human research, assisted reproductive technologies, and work with biological samples for diagnostic purposes.
The relevance of research in the field of international law is confirmed by the increasing importance of general and special principles of international law, which currently have a new content. For example, the modern content of the concepts of biosafety, genomic sovereignty of the principle of sovereign equality of states, which is of paramount importance for promoting the development of friendly relations between states in accordance with the UN Charter and the Declaration on Principles of International Law of 1970. Progressive development of the principle of equal rights and self-determination of peoples, enshrined in the above-mentioned international documents, in terms of the practical implementation of so-called projects for human improvement using genetic editing technologies CRISPR, etc. It raises an extremely controversial question about the new content of this universally recognized principle, taking into account the implementation of the principle of prohibition of discrimination based on genetic grounds and the concept of genetic purity of the nation.
Using the dialectical method of scientific cognition, methods of formal logic, historical analysis and the system-structural method, the authors examined the provisions of relevant international treaties, scientific works, including interdisciplinary ones, on the designated topic, touched upon the comparative aspect of foreign legislation, as well as judicial decisions of the Supreme Court of Brazil on the legal regulation of the use of embryonic stem cells for therapeutic procedures (ADI № 3.510-0).
As a result of the analysis, the authors confirm the conclusion that national and international principles and standards on the basis of which the legal regulation of this sphere takes place must coincide, and some of them may have the nature of <em >erga omnesobligations in order to work out a balance between the potential benefits and risks of using genetic (genomic) technologies on a human scale. |