The International Regulation of Genetically Modified Organisms: Uncertainty, Fragmentation, and Precaution

Abstract

Summary: The regulation of genetically modified organisms (GMOs) is paradigmatic for the study of some of the most interesting features of contemporary international law. The main characteristics of this sector are: scientific uncertainty, multi-sectorality and multi-nationality. There are many different scientific opinions concerning GMOs and at the moment the possibility to determine a sound and common vision on the issue seems quite far from reach. At the same time, GM products affect various interests and goods, of public and private nature, such as agriculture, trade, health and environment protection, and consumer information. This means their diffusion would have a significant impact over a multiplicity of policy areas, often connected, sometimes conflicting. Finally, with the development of global trade, GMOs are a transnational commercial issue, which needs an impartial and agreed solution to their regulation. Starting from the uncertainty and the legal conflicts surrounding the regulation of GMOs, the article will deepen the problematic issues concerning sectorality and fragmentation in international law – taking as an instance the conflict between the Cartagena Biosafety Protocol and the Sanitary and Phytosanitary Agreement of the WTO – and, finally, it will consider the effect of the introduction of a soft version of the precautionary approach at the global level, namely, with reference to international administration of risk.