Legal Regulation On International Trade Of Genetically Modified Foods

Because the safety of genetically modified foods has not been scientifically proven,so people are very controversial.The current international development of genetically modified foods,there are three main views,the first view is "encouraging",the view holds that GM foods should be strongly encouraged international trade.We believe genetically modified foods and conventional foods as healthy,opposition to genetically modified foods in international trade any restrictions.Among them,the United States,Argentina and other GM food exporting countries as the main supporters.The second is "prohibited",in view of the potential risks of genetically modified foods,there is a great danger to the ecological environment and human health,adhere to prohibit transgenic technology research,advocate for the implementation of a total ban on genetically modified food.The main proponents of this view for the EU.The third is "strictly limited" in favor of genetically modified foods strict regulation system,but not a total ban on the development of transgenic technology.We hope that through the implementation of a strict legal system on GM foods to control their potentially dangerous.This paper argues that it should implement "strict limits" on international trade in genetically modified foods.Advocate for trade of genetically modified foods have levels were restricted development,international trade in genetically modified foods strict import and export Access System.This paper is divided into five parts,each containing the following:As at the beginning of the first part of this article,this article is mainly noted the main ideas.First,the basic concepts and States on GM food genetically modified foods attitude.Secondly,it analyzes the cause of strict legal regulation of genetically modified foods.Again to the precautionary principle theory as strict legal regulation of basic principles.The second part introduces the international organizations and international agreements on international trade and genetically modified foods are closely related.Overall,international trade and genetically modified foods associated include the CAC,GATT1994 provisions of Article 20,SPS and TBT in scientific principles identified in the system.BSP as the world's first special provisions for the trans boundary movement of genetically modified living organisms of international agreements,mainly on the advance informed risk assessment procedures and principles.The third part analyzes the existing legal regime of strict regulations for genetically modified food deficiencies.From the microscopic point of view were analyzed on the basis of deficiencies within the WTO framework and the BSP,BSP reanalysis conflict with WTO inconsistent with the legislative intent because on the prone applicable from a macro point of view.The fourth part is how to improve the existing legal regime to make reasonable suggestions.For within the WTO legal framework,we believe that this should be a few aspects:first,to increase the content of specific GM foods applicable in GATT1994 Article 20.Second,detailed SPS temporary measures to genetically modified food quarantine measures become legalized.Third,clear TBT compulsory labeling system for genetically modified foods in.The main terms of the BSP is to establish an effective dispute settlement mechanism and to further improve the supplementary agreement on the issue of genetically modified liability for damage.In addition,also on the WTO and the BSP on the conflict in the application has made a concerted analysis.Part V as the last part of this article,mainly on the implications of GM foods on the international legal regulation system in China.This is also the author researching this topic relevance-provide an international perspective for our genetically modified foods,in accordance with the relevant provisions of international law on the transfer of legislative modified foods as a relative improvement purposes only fulfill its international obligations and protect its interests.In this section,the author first analyzes the current legislation of genetically modified foods,in general,mainly the lack of a specialized transgenic legal norms,while the existing transit system and liabilities gene identification system there is a big deficiencies.Then based on the existing system deficiencies,propose appropriate countermeasures.Including improving the legislative level,the establishment of a specialized transgenic legal norms,improve the existing system of identification and liabilities.