Is a Members responsbility under the Compact based on fault or strict liability?
Strict absolute liability is typically applied only to specified abnormally dangerous or ultra-hazardous activities, such as moving nuclear materials and blasting dynamite, and is not appropriate for LMOs, which have been the subject of unprecedented study and regulatory oversight and have a long and continuing environmental record of safe use. The Compact does incorporate some aspects of strict liability — the Members are committed to accepting responsibility if their products cause damage to biological diversity that was not identified by their rigorous risk assessment. They are willing to accept responsibility for other types of damage only if they are at fault. The Compact, however, stops short of strict absolute civil liability by providing commonsense defences to assure that liability is not unfairly imposed on its Members. The Members are willing to accept some aspects of strict liability only in the context of the Compact because (1) Members voluntarily sign this contractual m
