A Messy Food fight: Regulating Genetically Modified Food and Products on an International Level

Abstract

The year 2005 marked the tenth planting season since genetically modified crops were first grown in 1996. Since its introduction, thirteen years ago, the debate and controversy over biotechnology has flared around the world.

The United States is the largest producer of GM-food in the world. The attitude towards GM-food in the US seems to be quite positive, both from a consumer and government perspective. However, the attitude in the European Union is completely different and stands in sharp contrast with this American view. As a result of these anti-GM opinions within the EU a very strict system of authorization, labeling and traceability requirements has been put in place in Europe. The first piece of legislation that was introduced was Directive 90/220/EEC and it was this directive that formed the foundation of the famous de facto moratorium on the approval of new GM products that lasted between October 1998-May 2004. This moratorium spurred a trade war between the European Union and the United States which eventually emanated in a DSU panel decision.

Since the moratorium ceased in 2004 and new legislation was introduced in Europe, there have not been any more challenges to the European legislation under the WTO. However, does this mean that EC legislation can now be considered to be in conformity with WTO law? What will be seen in this thesis is that there are still unresolved issues, for example the issue of labeling of GM-products, that may spur yet another trade war between these two large actors on the international scene. The main purpose of this thesis is therefore to examine whether the rules governing the authorization process and the labeling and traceability requirements that GMOs and GM-products are subject to when imported into the EU are consistent with WTO agreements and how these rules would hold up to a possible challenge under the DSU.