Brèves réflexions sur la reconnaissance d'un « droit à la différence alimentaire » dans le commerce international

Abstract

We repeatedly hear that the World Trade Organization's rules (modified in 1994 to reinforce the principle of worldwide free trade) tend to inevitably uniformize culture in food, among other things. Whether in the case of bovine growth hormones or genetically modified organisms, WTO rules will ultimately impose a single food model as a universal reference mark. In France, these ideas crop up in talk about malbouffe (bad eating) and calls for a return to democratic choices or for instituting a fundamental “right” to freely choose food habits. Even though such talk has sometimes confused the issues, it has shed light on how the food question is presented in international trade. Increasingly, the issue is to defend national or regional values, or even choices about the type of society. What place do WTO rules reserve for these values ? Under what conditions can such values justify exemptions from free-trade rules and, ultimately, the maintenance of a “right to food differences”? As the European Union is thoroughly changing food legislation in line with its own concepts – the precautionary principle, the plurality and independence of procedures for evaluating foodstuffs, the well-being of animals, etc. – the answers provided to the foregoing questions will be decisive. – Special issue on Agriculture and food.