Abstract

http://ssrn.com/abstract=1307859
 


 



Feast or Famine: The Impact of the WTO Decision Favoring the U.S. Biotechnology Industry in the EU Ban of Genetically Modified Foods


Debra M. Strauss


Fairfield University - Charles F. Dolan School of Business

Winter 2008

American Business Law Journal, Vol. 45, No. 4, pp. 775-826, 2008

Abstract:     
In the ongoing controversy on genetically modified organisms (GMOs) in food, the divergent regulatory responses to scientific uncertainty and the unknown risks have reached a crescendo in the form of an international trade dispute. In May 2003, the United States, Argentina, and Canada filed a formal complaint with the World Trade Organization (WTO) against the European Union (EU) over its five-year moratorium on approving crops improved through biotechnology, challenging the ban on the grounds that it is an impediment to trade. In a decision that has been much anticipated for its potential impact on international trade and the biotechnology industry, the WTO issued preliminary findings in February 7 and a final decision on May 10, 2006 that appear to favor the U.S. position. This article analyzes the WTO ruling, including its limitations and the areas the WTO dispute panel did not address, and the reactions of the European Community as well as the United States. The ramifications of the current dispute between the United States and EU are explored in the context of both international trade and its implications for long-term U.S. and international law in the area of GMOs.

Number of Pages in PDF File: 52

Keywords: international trade, international law, GMOs, food and drug law, WTO, biotechnology, genetic engineering, genetically modified organisms, bioengineering

Accepted Paper Series


Download This Paper

Date posted: November 28, 2008 ; Last revised: March 28, 2013

Suggested Citation

Strauss, Debra M., Feast or Famine: The Impact of the WTO Decision Favoring the U.S. Biotechnology Industry in the EU Ban of Genetically Modified Foods (Winter 2008). American Business Law Journal, Vol. 45, No. 4, pp. 775-826, 2008. Available at SSRN: http://ssrn.com/abstract=1307859

Contact Information

Debra M. Strauss (Contact Author)
Fairfield University - Charles F. Dolan School of Business ( email )
1073 N. Benson Road
Fairfield, CT 06824-5195
United States
203-254-4000 ext. 3160 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 844
Downloads: 233
Download Rank: 74,869

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.282 seconds