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Laura J. Loppacher
The Conflicting International Trade Law Governing Products of Biotechnology: The Case of Biofuels
The regulation of the international movements of products created using modern biotechnology has become a very contentious issue. International law, including trade law, is struggling to accommodate these new and novel products with unknown risk factors. The World Trade Organization rules state that there must be acceptable evidence of risk if imports of a product are to be restricted. This is to ensure that safety regulations are not used as an illegitimate barrier to trade to provide protection to domestic producers. However, opponents of the existing WTO structure argue that it does not allow governments to respond adequately to potential but unknown risks and to consumer requests for protection. As a result, a new multilateral environmental agreement was negotiated, the Cartagena Protocol on Biosafety (BSP), to govern trade in products of biotechnology. This Protocol is designed to protect biodiversity, human health and the environment. It allows countries to assume products of biotechnology present a risk to human health and the environment and to put restrictions in place on their production and trade. Opponents of the BSP approach argue that it allows countries to make decisions arbitrarily and not take modern science into account. It is unclear which set of regulations will be used to govern international trade in products of biotechnology. One industry that will be affected by this conflict in international law is the biofuel industry, which has significant potential to utilize biotechnology. The effects of using biotechnology in this developing industry are examined within the context of international trade law.
Journal of International Biotechnology Law, Walter de Gruyter
Print ISSN: 1612-6068
Volume: 2, 03/2005
Pages: 54 - 61