Confronting the WTO: Intervention Strategies in GMO Adjudication

Abstract

The World Trade Organization (WTO) has been the target of social justice activists since its inception in 1994, with many seeking to reshape or rescind the WTO agreements. This article instead explores possible interventions into WTO adjudication by compelling the reinterpretation of existing WTO documents. Such an approach can take several forms: mobilizing professional expertise, engaging technical standards, and constructing companion regimes. Using the recent United States/European Community genetically modified organisms (GMO) case as a reference point, this article explores opportunities for implementing the last two strategies. The Codex Alimentarius, an international food standards regime, seems to provide a particularly promising location for reconstructing WTO risk and governance procedures. The Cartagena Biosafety Protocol, an international environmental regime, deeply challenges narrow readings of WTO texts but may not have enough legal force in the WTO. These alternative locations for intervention hold promise and risks for activists seeking international justice in environment, food, and trade.