International Biotechnology Law and Policy: Year in Review (2004)

Abstract

Yearly review of highlights of international biotechnology law and policy developments, genetically modified organisms (GMOs), biosafety, and GM foods and WTO trade regulation. Year in review: 2004.

International regulation of biotechnology and biosafety is taking shape in the form of both positive and negative integration. As for the latter, the survey year 2004 saw important progress in three major international Conventions, and in two authoritative international standard-setting bodies. However, in tandem with these cooperative efforts, events of a highly adversarial nature also took place, most prominently with the 'GM food fight' between the world's major GMO producing states, the United States (US), Canada, and Argentina, and the most GM-wary trade bloc, the EU. In fact, this 'trade war', in the context of the World Trade Organization (WTO), that has been looming for some years, and will not likely be resolved before 2006, has hung like a thunder cloud over the more conciliatory international negotiations.

It is perhaps ironic that, notwithstanding the certain progress in international cooperation, this negative integration phenomenon appears currently to present the most vital catalyzing factor in international biotechnology law and policy.

Keywords: biotechnology, GMO, GM food, trade, WTO, SPS, Codex Alimentarius, Aarhus Convention, Cartagena Biosafety Protocol, risk regulation, liability and redress, labelling, case law, GM trees, climate change, Kyoto, Precautionary principle, EU law, environmental law

JEL Classification: K32, K33, K39, K23, K10, K13, K19, K00, O13, Q17, Q18