I agree there is a case for an emerging consensus, but there is huge issue regarding terminology here. A moderate level analysis of the provisions in various national and regional instruments reveals this. You rightly point to the fact that we require meaningful policies, not just in countries that do not have legislation /policy but even in countries that do have policies need to be coherent and flexible in order to keep up with new developments.

Customary international law is a particularly useful tool as a flexible, bottom up approach to international governance of biotechnology, and other new technologies.