INTERNATIONAL LAW PRINCIPLES IN THE CONTEXT OF ADVANCING GENETIC TECHNOLOGIES

Bobrova Y.V.; Gulyaeva E.E.; Brasil D.R.; Torres-Manrique J.I. · Relacoes Internacionais no Mundo Atual (2025) · DOI: 10.21902/revrima.v3i45.7101

Resumen

Objective: The objective of this study is to analyze the current legal status and regulatory framework of genetic technologies, and to explore pathways for the development and formation of a comprehensive regulatory environment for genetic technologies, focusing on human cloning, genetic research, assisted reproductive technologies, and the handling of biological samples for diagnostic purposes. Methods: The research employs the dialectical method of scientific inquiry, formal logic, historical analysis, and system-structural methods. It examines relevant international treaties, interdisciplinary scientific literature, selected aspects of foreign legislation, and a landmark judicial decision of the Supreme Court of Brazil on the legal use of embryonic stem cells for therapeutic purposes. Results: The study highlights the evolving significance of general and specific principles in international law, such as the principle of sovereign equality of states and the principle of equal rights and self-determination of peoples. These principles are being redefined by concepts like biosovereignty and genomic sovereignty, and by the challenges posed by genetic editing technologies like CRISPR. The analysis underscores the need for national and international principles and standards in the field to align, potentially encompassing erga omnes obligations. Conclusions: The analysis confirms the necessity for national and international principles and standards that govern this field to align, potentially encompassing erga omnes obligations. This alignment is essential to strike a balance between the potential benefits and risks associated with the global-scale deployment of genetic (genomic) technologies.