The Applicability of International Human Rights Law to the Regulation of International Trade of Genetically Modified Organisms: A New Haven Perspective

Abstract

This article reviews the applicability of international human rights law to the regulation of international trade of genetically modified organisms (GMO) that may have adverse effects on human life and health. Rights to life and health are recognised by many international agreements as fundamental human rights. This article argues, from the perspective of the New Haven school of jurisprudence, that since the principle of human dignity as a legal source of fundamental human rights is a basic norm justifying all legal regulations and institutions, it must, in case of conflicts with provisions under the GATT/WTO Agreements, have priority over rules for free trade and investment liberalisation. In light of the rights to life and health being core human rights having the status of international custom or jus cogens, the author proposes several policy and legal requirements to ensure human dignity, as applied to regulations of international trade of GMO.