New Technologies in International Law / Tymofeyeva, Crhák et al.

of biotechnology include cloning, genome editing, cryopreservation, artificial insemination, etc. 263 Biotechnology already presents a useful tool for biodiversity protection; however, its true potential remains yet to be discovered. Biotechnology should be able to suppress invasive alien species and increase the immunity of species or their resilience to environmental threats. 264 Another positive side of biotechnology lies for example in storing genetic material, so-called cryopreservation. On the other hand, there is something true behind the 30-year-old statement: “ Sustaining species in a freezer, in a captive population, or small, fragmented refuges provides little to the Earth in the way of basic ecological services.” 265 Where are pluses, there are minuses. In relation to biotechnology, we can say there are even threats regarding its application. The use of biotechnology to boost biodiversity might eventually threaten biodiversity itself. Some of the risks of using genetically modified organisms may consist of the following. An organism may develop an increased ability to establish and spread in an environment, potentially competing with native species, and reducing natural biodiversity. 266 There are also concerns in the scientific community that, for example, the use of biotechnologically derived seeds could lead to the loss of genetic diversity between individual crops, as native species would be replaced in the same way that modern “hybrids” have replaced many traditional varieties or breeds. There could also be an uncontrollable transfer of certain structures, e.g., those that determine resistance to pesticides, pests, or plant diseases, and as a result of that so-called superweeds might be created that would be capable of displacing other local fauna, thereby reducing biodiversity as such. 267 Biotechnology carries bigger threats than other types of technology. That’s why it needs to be properly regulated not only by domestic legislation but also by international environmental law. That is also the reason, why international law pays more attention to this type of technology than others. 3. Technologies and international environmental law Regulation of technology in relation to biodiversity, by tools of international environmental law, is a quite narrow and specific issue. We will now analyze currently the most relevant international environmental treaties, such as the Convention on 263 Guerrero S, ‘How biotech aids biodiversity’ ( Alliance for science , 17 February 2022) accessed 1 November 2023. 264 Macfarlane NBW et al, ‘Direct and Indirect Impacts of Synthetic Biology on Biodiversity Conservation’ (20 October 2022) 25(11) iScience 105423. 265 Conway W, ‘Chapter 30: Can Technology Aid Species Preservation?’ in Wilson EO and Peter FM (eds), Biodiversity (NAS/SI, 1999), pp. 263–268. 266 ‘Environmental Risk Assessment of the Products of Biotechnology’ ( Australian Government, Department of Agriculture, Water and the Environment ) accessed 1 November 2023. 267 Nezhmetdinova FT et al, ‘Risks of Modern Biotechnologies and Legal Aspects of Their Implementation in Agriculture’ (2020) 17 BIO Web of Conferences 227.

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