10 - International Institutions, World Trade Rules, and GMOs

Abstract

This chapter focuses on the role played by international institutionsin the controversies related to the genetically modified organisms (GMO) and their future contributions. The World Trade Organization (WTO) is involved in at least two aspects of the use of GMOs in the food chain. One of these is restrictions on national import regulations for GMOs embodied in the GATT, the Agreement on Technical Barriers to Trade (TBT Agreement), and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The second aspect is the operation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), governing the patenting of biotechnical processes and certain resultant products. In addition, the provision of a mechanism for the settlement of trade disputes through the Understanding on Rules and Procedures Governing the Settlement of Disputes (the Dispute Settlement Understanding, or DSU) makes the rules of the WTO more important. With the growing internationalization of the food industry, trade conflicts over food regulatory issues have become more common. Most of these conflicts arise from differences in food trade regulations imposed for the ostensible reason of protecting plant, animal, or human health from disease or other affliction as a result of trade. Currently the EU and the developing countries favor environmental agreements such as the Biosafety Protocol taking precedence over the WTO in areas such as the control of GM imports. The US and many other exporters are however against this, as it would essentially weaken the SPS Agreement.