歐盟與美國訴諸WTO有關生技(GMO)產品貿易爭端案的衝突與解決

Abstract

Ever since the development of modern biotechnology, the EU has taken a more careful regulatory approach. The US, on the contrary, has largely adopted GMOs in agriculture. Thus differences of regulation and acceptance of GMOs between the US and the EU has led to a crucial trade dispute in the WTO framework. The European population is not fond of GMO products. Following the adoption of the WTO panel report on 21 November 2006, the three complainants (US, Canada and Argentina) and the EU agreed to engage in constructive discussions on the implementation of the WTO panel report. Following the expiry of the extended WTO panel report, the US decided to request the authorization to retaliate against the EU. However, the US and the EU reached a procedural agreement according to which arbitration on the level of the retaliation would be suspended until such time as a compliance panel would rule on the issue. However, member States of EU have invoked the safeguard clause, banning various authorized GMOs from their territory. This paper analyzes the decision-making dynamics that led to such an outcome. It argues that the external pressures on the Member States and the Commission prevented deliberation and consensual solutions. Furthermore, the conflict between states and Commission is a testimony of the debates in International relations (IR) theory that the controversial issues between the neo-realists and the neo-liberals have defended their arguments. Neo-liberal institutionalism (NLI), with inter-disciplinary research, provides a different approach for us to understand international realities. As Robert O. Keohane suggests, NLI places more emphasis on ideas, rules, beliefs, and practice of international region such as WTO than Neorealist do. This article also would like to research the empirical evidence by building up relative ideas concerning global governance, legalization, practices and norms in WTO framework.