Walking through silent forests: genetic engineering and the guiding hand of the precautionary principle

The environmental impact of genetic engineering in the context of genetically modified trees has become a contentious issue, dividing the scientific community and posing challenges for legal frameworks. While GM trees offer potential benefits, such as resilience to climate change and resistance to pests and diseases, they also raise significant environmental concerns, including threats to biodiversity and the creation of so-called “silent forests”. Against this backdrop, this paper examines the critical role of the precautionary principle in ensuring biosafety amidst scientific uncertainty. This study explores the ambiguity surrounding the appropriate standard(s) of proof and levels of uncertainty to implement precautionary measures, given the absence of clear international legal guidance. In doing so, it offers an interpretation of the precautionary principle that ensures biosafety and, simultaneously, supports the sustainable management and global trade of genetically modified trees.