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The Application Of Precautionary Principle In International Trade In Genetically Modified Products

Posted on:2007-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:S S LiuFull Text:PDF
GTID:2166360212477636Subject:International law
Abstract/Summary:PDF Full Text Request
Since Genetically Modified Technology is first put to use, much debate surrounding the safety issue has become more and more intense. But it never slow down the rapid development of international trade in Genetically Modified Products (GMPs). By considering their overall interests, the governments have their own trade policy designs to regulate international trade in GMPs. Meanwhile, relevant international organizations are seeking to govern international trade in GMPs uniformly, so as to eliminate the divergent perspectives among the countries.Some scholars and government administration departments have realized the particularity of the new technology, especially the uncertainty of ecological impacts caused by insufficient scientific evidence and relevant information. So they claim to adopt precautionary principle which is a basic principle stated in international environmental law, when regulating international trade in GMPs. It means that the responsible government should control the transboundary movements of GMPs rigorously, with cautious preventive attitude. But someone thinks that the principle doesn't and should not exit in the World Trade Organization (WTO) multilateral trading system. Because the principle conflicts with scientific evidence principle advocated by WTO, it may result in trade barriers.This dissertation goes along with the former perspective. That is to say, the precautionary principle plays an important role in international trade in GMPs, and it should be worked together with scientific evidence principle. The WTO is the international institution that has the primary responsibility for establishing rules for trade in GMPs. So it should be responsible for accepting the status of precautionary principle in regulating international trade in special products. At the same time, the WTO should keep on perfecting its regulations and explanations made out by Dispute Settlement Body. The government used the principle should avoid trading protectionism. It is intended that we should reconcile the relationship between free trade and public health, environment protection, and make GMPs benefit human beings in deed.
Keywords/Search Tags:Precautionary Principle, Genetically Modified Products, World Trade Organization
PDF Full Text Request
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