RUDN Journal of Law (Dec 2023)

International legal regulation of the circulation of dual-use biotechnologies

  • Aslan Kh. Abashidze,
  • Vladislav S. Malichenko

DOI
https://doi.org/10.22363/2313-2337-2023-27-3-541-563
Journal volume & issue
Vol. 27, no. 3
pp. 541 – 563

Abstract

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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.

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