Research On The GM Product Trade Legal Issues Under The Prospective Of Human Rights

As the continuous development and progress of human society and the scientific technology,genetically modified technology has been widely applied to industrial and agricultural products for mass production.And then the GM products have gradually become to be active in international trade market as a kind of common goods.At the same time,there is a fierce debate on whether to promote product trade freedom or to protect the inherent human rights such as to protect human's health.In the context,the paper tries to discuss and study the related legal issues of GM product trade under the perspective of human rights and on the basis of the value orientation of human rights protection in the debate focus point.In the first part of the paper,there is a summary of the legal system related to GM product trade respectively in trade law system and in environmental law system.The conclusion is that the two different legal systems have respectively shown the two different value orientations of promoting trade freedom and protecting human rights.Next is the state and analysis of the differences and conflicts between the two different GM product trade legal systems because of the different value orientations;the second part of the paper conducts a comprehensive analysis of the theoretical discussion and different views on the above legal conflicts over the whole international community.Additionally,there are two practical cases of Swordfish Dispute between Chile and European and GM Products Restrictions dispute between America,Canada,Argentina and European.After a specific analysis on the panel's attitude and practice focusing on the above legal conflicts,there comes the conclusion that it would be very hard to reach an agreement on the question of what the relationship between the two legal systems is and how to choose to apply the laws.So we need to look for another path to coordinate the different GM product trade legal systems.On the third part of the paper,the author puts forward a solution to solve the above legal conflicts.That is to make the human rights protection be constitutional in the WTO system on the basis of constitutional WTO theory.Then design new rules with human rights features focusing on the above GM product trade legal conflicts under the prospective of human rights to make sure the GM product trade to promote international trade freedom as well as do well in the job of protecting human rights.