Research On The Dispute Settlement Mechanism Of Genetically Modified Agricultural Products

The final report on trade disputes over genetically modified agricultural products between Europe and the United States was issued in 2006.However,the solution to trade disputes over genetically modified agricultural products has been far from perfection.The main reason is that the genetically modified agricultural products also involve health and environment elements,except for the economic element.Therefore,disputes emerged in the trade of genetically modified agricultural products may not necessary resort to WTO dispute settlement mechanism simply.Meanwhile,it can also refer to other mechanisms,especially the international environmental dispute settlement mechanism.For the above purpose,this thesis aims to improve current dispute settlement mechanism,which is the key to solve trade disputes over genetically modified agricultural products.Based on the theoretical analysis,comparative research and so on,the thesis analyzes the advantages and disadvantages of current WTO dispute settlement mechanism and international environmental dispute settlement mechanism,in order to perfect the dispute settlement mechanism of genetically modified agricultural products trade.The thesis is divided into six parts:The introduction part mainly introduces the starting point of the thesis.From the results from WTO dispute settlement mechanism dealing with trade dispute over genetically modified agricultural products between Europe and the United States,the thesis analyzes the problems arising in process of genetically modified agricultural products trade disputes settlement,which lead to following contents.The first chapter mainly elaborates genetically modified agricultural products trade,and trade disputes.Through analyzing of genetically modified agricultural products trade in various parts of world,the thesis leads to legislation of genetically modified agricultural products trade in international world and some countries.The second chapter mainly analyzes the existing problems in genetically modified agricultural trade dispute settlement mechanism.Firstly,it analyzes dispute settlement mechanism(WTO dispute settlement mechanism)of traditional agricultural products trade,then discusses the advantages and disadvantages of international environmental dispute settlement mechanism.Finally,the thesis discusses other problems dispute settlement mechanism,such as the application of law and right of trade remedy in various countries.The third chapter is about the thinking of settlement mechanism for genetically modified agricultural trade dispute.First of all,it discusses the necessity of applying special setting program and specific measures to solve trade disputes over genetically modified agricultural products,including how to improve WTO dispute settlement mechanism and how to apply international environmental dispute settlement mechanism in dispute settlement.In addition,it also stresses the relationship between WTO and non-WTO laws(multilateral agreement).Then it discusses how to improve the right to remedy in trade dispute over genetically modified agricultural products in various countries.The fourth chapter discusses the enlightenment of the genetically modified agricultural products dispute settlement mechanism to our country,mainly involving overview about genetically modified agricultural products trade and how to settle trade disputes genetically modified agricultural products.Conclusion part summarizes the core idea of this thesis.Based on the above four parts,the thesis puts forward applicable prospects of genetically modified agricultural products and questions which the thesis fails to address.