International legal regulation of the circulation of dual-use biotechnologies

Aslan Kh. Abashidze, V. Malichenko
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Abstract

The COVID-19 pandemic has demonstrated the vulnerability of each country, regardless of the economic well-being and health system development, highlighting the need for further rethinking of the global security and human security concepts. The need to sustain the spread of infectious diseases, as well as the treatment of life-threatening diseases, determine the relevance of scientific research on all key aspects related to the development of technologies, both by states and non-state actors. In view of the efforts made over the past decades, significant advances have been made in the field of biotechnology, which allows to detect the vulnerability of viruses, as well as to influence the genes responsible for the development of diseases. Such trends not only contribute to ensuring the human right to health and the right to enjoy the benefits of scientific progress, but also bring humanity closer to executing Sustainable Development Goals. The reverse side of the scientific research increase is the expansion of the availability of scientific data, as well as the simplification of the reproduction of various technological solutions, which leads to the risk of their use for military and terrorist purposes. The development of technologies, the use of which can not only counteract life-threatening diseases, but also create new threats to human security, has influenced the formation of the term “dual-use technologies” in the scientific literature and documents of international organizations. The article presents a systematic analysis of biotechnologies impact on the formation of “human security” concept, as well as the definition of “biological security” concept. The authors consistently consider international treaties, as well as documents of international intergovernmental organizations and non-governmental organizations in the field of regulating the circulation of technologies that pose a threat to state security. Special attention is paid to the consideration of the features of control over the spread of biological agents in the context of the activities of the European Union, as well as ensuring the implementation of the national security strategy of the Russian Federation.
两用生物技术流通的国际法律监管
COVID-19 大流行表明,无论经济状况和卫生系统发展如何,每个国家都是脆弱的, 这突出表明需要进一步重新思考全球安全和人类安全的概念。要遏制传染病的蔓延,治疗危及生命的疾病,这就决定了国家和非国家行为者在与技术开发有关的所有关键方面开展科学研究的现实意义。鉴于过去几十年来所做的努力,生物技术领域取得了重大进展,可以检测病毒的脆弱性,也可以影响导致疾病发生的基因。这种趋势不仅有助于确保人类的健康权和享受科学进步成果的权利,也使人类更接近实现可持续发展目标。科学研究增长的反面是科学数据可用性的扩大,以及各种技术解决方案复制的简化,这导致了将其用于军事和恐怖主义目的的风险。技术的发展不仅可以对抗威胁生命的疾病,还可以对人类安全造成新的威胁,这影响了科学文献和国际组织文件中 "双重用途技术 "一词的形成。文章系统分析了生物技术对 "人类安全 "概念形成的影响,以及 "生物安全 "概念的定义。作者始终坚持审议国际条约以及政府间国际组织和非政府组织在规范对国家安全构成威胁的技术流通领域的文件。作者特别关注了在欧洲联盟活动背景下控制生物制剂扩散的特点,以及确保俄罗斯联邦国家安全战略的实施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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