Regulating Genome-Edited Products –  an International Trade Law Perspective

Abstract

This paper provides a preliminary assessment of the compliance of national marketing regulation concerning genome-edited food products with international trade law. It presents an overview of global regulatory trends in this area and focuses on the compatibility of the diverging regulatory approaches with World Trade Organization (WTO) law, particularly the Agreement on Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT). Overall, the analysis finds significant potential for trade concerns under WTO law. As consumer choice is becoming the primary justification for labelling requirements, the focus of the assessment of NGT related measures will likely shift towards the TBT Agreement.

Keywords: genome editing, international trade law, marketing regulation, sanitary and phytosanitary measures, trade barriers