The Research On The Legal System Of The International Trade Of GMOs

Genetically Modified (“GM”) technology is the product of the development ofthe high-technology in21st century, and has inevitably penetrated into all areas ofagriculture, industry, medicine and industry. With the improvement of transgenictechnology, GM products become commercialized at a relatively rapid speed, andhave stood its root step-by-step in the worldwide market. It is an inevitable tendencythat GM products will circulate in the market. However, the polarized attitudes on themarket access of GM products relate to the tension situation in the international trade,consequently lead to the commercial conflicts between countries.In this paper, the author has used different kinds of methods of research in orderto explore the resolution of commercial conflicts reflected on GM products ininternational trade. It includes literature review method, case studies method,comparative research method and qualitative research method. In respect of themethod of literature review, for the purpose of this paper, the basic idea on thisconcept need to be obtained by large numbers of materials. In respect of the methodof case study, international trade disputes enumerated in the typical style need deepenexplaining in order to understand the legislation in various countries. Comparativestudy refers to international trade rules, as well as countries in transgenic trade lawdegree of similarity or dissimilarity research and determine the method. Qualitativeresearch methods is through commentary on various legal systems, the author try to draw a conclusion on how to deal with trade conflicts of GM products, and how toobtain a favorable competitive position in the worldwide international trade.Apart from the introduction and conclusion, this paper is divided into four parts:Part1briefly describes the concepts of GM technology, GM products, and otherrelated concepts. Besides, this part analyzes the development process of GM products.Then it depth introduces the current situation and different policies on the policy ofimporting GM products in the field of international trade and, furthermore, ourunderstanding of the status of the species in international trade;Part2summarizes the current legal regime governing the international trade inGM products, including WTO rules and changeable environmental agreements, inwhich " the Cartagena protocol on Biosafety book" is the most important. In addition,this part analysis the domestic legislation and policies of representative countries inthe world, and summed up in three different countries to genetically modifiedregulatory approach-Loose, conservative and eclectic type;Part3, through analyzing the typical case-" Europe transgenic trade disputecase", it intends to make the audience understand the impact of the conflict under thecurrent legal framework of international law and its presence caused on the parties.On this basis, the analysis of the causes of GMO trade disputes, proposed solutions toresolve the dispute;Part4will conclude and comment on our country’s existing managementsystems and legislation on GM products. Combine with the actual situation of China’sdevelopment of transgenic technology. The purpose of this conclusion and commentsis to propose available resolutions on GM products disputes, and improve ourcountry’s GM products legal system.