The Conflict Between "Cartagena Protocol On Biosafety" And The World Trade Organization Rules

Based on the bio-security system of international law, this paper focus on the most important of the "Cartagena Protocol on Biosafety" and the World Trade Organization trade regulations related of genetically modified, and makes the theory and practice analysis. This paper identifies the different perspectives of conflict between them, including the existing and future conflicts that may arise, and try to give a solution on it. On this purpose, the paper adresses the necessity to establish and improve bio-safety regulations of international protection, meanwhile, combined with status quo of the biological protection laws and regulations, points out that GM technology in China in terms of legislative protection for some response.The conflict in the two treaties actually reflects the collision between environment and international trade. On the premise of sustainable development, environmental protection and trade globalization are two equally important aspects, but mutual influence and restriction ones. The collision in two treaties is just the reflection of cross development of environmental protection and trade globalization.Take "the Cartagena Protocol on Biosafety" as basis, the paper in the view of genetically modified system safety of international law, points out the conflict with the World Trade Organization trade rules, and tried way of coordination and integration has been adopted in 2010 The "Nagoya-Kuala Lumpur Protocol ", on the safety of genetically modified organisms have a new vision of international law protection, which can provide some help for our future safety legislation of GMOs.The innovation of this paper lies in combining the latest expansion of "Cartagena Protocol on Biosafety", namely, "Nagoya-Kuala Lumpur, the Protocol" to talk about the conflict between the existing and potential problems. Meanwhile, the paper put forward its own view on issues of China's Transgenic rice security certificate issue.Besides introduction and conclusion parts, the paper has four chapters. Through the introduction of genetically modified organisms safety system of international law, the first chapter pointed out that the reason of the existing conflict and reflected problem. The second chapter focuses on interpretation of "the Cartagena Protocol on Biosafety," WTO-related agreements with several major aspects of the conflict specific analysis, that both level and system level in the value of the contradictions, as well as the impact of national laws. The third chapter analyzes several ideas to resolve the conflict. The four chapter summaries the implications of the conflict, pointing out that the need for international legislation on biosafety. For China's laws and regulations related of genetically modified organisms technology that deficiencies and appropriate measures, in order to establish and improve bio-safety regulations, in line with international bio-security protection standards.