The Gmo Dispute Before the WTO: Legal Implications for the Trade and Environment Debate

44 Pages Posted: 3 Feb 2005

See all articles by Francesco Sindico

Francesco Sindico

University of Strathclyde - School of Law

Date Written: January 2005

Abstract

USA, Canada and Argentina have challenged before the World Trade Organisation the European Communities' (EC) denial of Genetically Modified (GM) product imports, which took place from 1998 to 2004. Against this background, the goal of this paper is twofold. Firstly, we will determine which WTO provisions would have been violated by the EC. Secondly, we will highlight the dispute's most important legal issues in order to see to what extent the dispute might influence the ongoing trade and environment debate. The paper concludes that the role of the precautionary principle in the application of the EC legislation is one of the dispute's main issues. Furthermore, the Panel findings on the legal nature of the precautionary principle, and on its relevance for the interpretation of WTO provisions, will finally determine the influence of the GMO dispute on the trade and environment debate.

Keywords: GMO, WTO, Trade, Environment

JEL Classification: Q00, F10

Suggested Citation

Sindico, Francesco, The Gmo Dispute Before the WTO: Legal Implications for the Trade and Environment Debate (January 2005). FEEM Working Paper No. 11.05. Available at SSRN: https://ssrn.com/abstract=655061 or http://dx.doi.org/10.2139/ssrn.655061

Francesco Sindico (Contact Author)

University of Strathclyde - School of Law ( email )

Lord Hope Building
John Anderson Campus 141 St. James' Rd
Glasgow G4 0LT, Scotland G4 0LT
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
607
Abstract Views
3,014
rank
43,251
PlumX Metrics