The International Legal Issues Of Gmos Trade

Gmos trade has been developing fast in recent years. But because of the different attitudes of different countries to Gmos trade and the conflicts between related rules,Gmos trade disputes appear frequently. The finding of US, Canada and Argentina's suing against EU for the latter's controls on Gmos trade appeared recently after four years litigation. It will influence future development of Gmos trade greatly. With this finding,this thesis studies the question that how WTO should regulate Gmos trade effectively.This thesis falls into six parts. The first chapter discusses the status in quo of the development of Gmos trade. First,this part analyzes the reasons why Gmos trade develops quickly. Then it analyzes the reasons why Gmos trade disputes appear frequently .For the long-run effect of Gmos on health of human being and environment is uncertain, considering economic interest and tradition, countries treat Gmos differently. The conflicts between related rules further the trade disputes.The second chapter discusses the policies and rules of countries. At first,This part analyzes the policies and rules of US and EU. Because of holding advanced technology and great output, US argues against strict control over Gmos. While EU claims strict control over Gmos,because EU doesn't hold advanced technology of Gmos and the residents in EU reject Gmos. Then this chapter introduces the policies and rules of other countries. Most of these countries hold cautious attitude to Gmos. These differences diverge from members of WTO on Gmos trade.The third chapter discusses WTO rules about Gmos trade. These rules are mostly in GATT1994,TBT and SPS. This chapter introduces these rules first and then analyzes their relation when applied to Gmos trade and analyzes their flaws finally. Because these rules are general and abstract excessively,they can't regulate Gmos trade effectively.The forth chapter discusses the relation between WTO rules and BSP. BSP is a international regulation specializing in Gmos.First,this chapter introduces the attitudes of US,Eu and developing countries during the course of making BSP and the contents of BSP. Then analyzes the conflict between WTO rules and BSP. Finally analyzes how to apply these rules when WTO rules and BSP conflict. It is difficult for BSP to function effectively under WTO system.The fifth chapter discusses the effect of the finding on Gmos trade. This chapter introduces the main contents of this finding and analyzes the attitude of WTO to Gmos trade reflected by this finding first. Then analyzes the effect of this finding on Gmos trade. Because this case is the first case about Gmos trade under WTO system, the finding will influence future development of Gmos trade, choice of policy of developing countries,findings of similar cases and new round negotiation about Gmos trade greatly.The sixth chapter discusses what WTO should do in order to regulate Gmos trade effectively. Based on above study,this chapter ayalyzes the flaws of WTO rules in regulating Gmos trade.First,WTO system couldn't harmonize trade and environment effectively. Second, WTO rules regulating Gmos trade are general and abstract.Third,WTO system paid little attention to developing countries and blocks the spread of Gmos.Finally,aiming at above flaws,this thesis brings forward what WTO should do in order to regulate Gmos trade effectively.