A major problem with GMOs and environmental damage is that at present there are no offences specifically related to genetic pollution, says Makuch. Another problem is the difficulty of linking GMO effects directly to damage if it takes a long time for problems to appear. In a world with many releases and many GMO-derived foods it will be impossible to point to the company responsible. Antiquated corporation law also means that as companies go transnational they can more easily resist legal actions that might be death blows to national companies. Corporate power and the mobility of capital means that, where there is tough regulatory action in one country, a transnational can relocate to another jurisdiction.
Limited liability is a bigger problem.