Résumé
Trade in genetically modified organisms (GMOs) has long been a contentious issue, especially between the European Communities (EC) and the United States. While the EC has invoked the "precautionary principle" to insure the safety of its food supply and the health of its citizens, the United States has filed formal complaints with the WTO Dispute Settlement System stating that the EC's de facto moratorium on GMO products violates WTO guidelines and constitutes a protectionist barrier to free trade. More broadly, after reviewing the countries' stakes involved, the role of the WTO in this dispute about different regulatory approaches is analysed. A potential ruling of a WTO dispute settlement body with respect to GMOs would have tremendous implications for Members' perceptions of their own sovereignty to formulate health and safety policies, and could pose serious threats to the multilateral trading order, irrespective of which party would eventually win that case. It is argued that the WTO lacks both the legitimacy and implementation capacity to act as a policy organisation, thus all parties involved should handle the GMO conflict with utmost sensitivity.
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Extrait
Genetically Modified Organisms and Wto Trade Rules
1 Introduction
Genetically modified organisms (GMOs) are living organisms whose genetic makeup has been altered through recombinant DNA technology to produce desirable traits such as disease resistance or better nutritive content.1 While it is true that GMOs offer many potential benefits, "like all new technologies, they also [pose] some risks, both known and unknown. Controversies surrounding [genetically modified] foods and crops commonly focus on human and environmental safety, labelling and consumer choice, intellectual property rights, ethics, food security, poverty reduction, and environmental conservation."2 Genetically modified crops such as rice, soybeans, cotton, and corn, are grown all over the world. In 2003, the main growers of genetically modified crops were the United States (63%), Argentina (21%), Canada (6%), China (4%), Brazil (4%), and South Af rica(1%).3Until recently, the European Union (EU)4 has chosen a cautious stance regarding GMOs. Its position, supported in particular by France, Greece, Italy, Luxembourg, and Denmark, is based largely on concerns regarding the safety (both for the environment and for individuals) of these relatively new organisms and consumer confidence in products containing them.5 Other concerns include identifying consumer products containing GMOs with labels, segregating genetically modified and non-genetically modified crops and products, and the traceability of GMOs in end products. Since these issues relate to human and environmental safety, the EU has justified its "de facto moratorium" by instituting a "precautio...Voir le contenu complet de ce document
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