The ABC of GMOs, SPS & and the WTO: An analysis of the application of the Agreement on Sanitary and Phytosanitary Measures within the context of biotechnology annd trade

Robert Cunningham

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Abstract

This article is situated within the broad framework of"international trade and the environment". It evaluates the roleof the Agreement on Sanitary and Phytosanitary Measureswithin the context of Genetically Modified Organisms. Thearticle draws upon the recent dispute in EC - Biotech, andspecifically explores the interrelationship between theAgreement on Sanitary and Phytosanitary Measures and extraWorIdTrade Organisation 'law' such as the precautionaryprinciple, the Codex Standards, and the Cartagena Protocol.While acknowledging that the World Trade Organisation is notbound by the doctrine of precedent, it draws upon pastdecisions such as Beef Hormones to ascertain the likelyapplication of critical concepts such as risk assessment in EC Biotech.
Original languageEnglish
Pages (from-to)19-38
JournalSouthern Cross University Law Review
Volume9
Publication statusPublished - 2005

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