ICTSD Outputs and Activities on Biotechnology, Trade and Sustainble Development

Biotechnology: Addressing Key Trade and Sustainability Issues

B.2 Multilateral trade rules

The relationship between multilateral trade rules established in the context of WTO and national regulations and measures related to biotechnology and biosafety is at the core of the trade and biotechnology debate and remains uncertain despite extensive analysis and discussion. This section will address some of the issues raised by the application of WTO rules to trade in biotechnology, including the applicable agreements, the interpretation of key terms in regard to genetically modified organisms, and the role of consumer concerns and standard-setting bodies. The section will focus on the text of WTO agreements and the varying interpretations submitted by countries, civil society groups and other commentators. In particular, the arguments presented in the European Communities – Measures Affecting the Approval and Marketing of Biotech Products (EC-Biotech) case will be used to exemplify the different positions on the linkages between trade rules and biotechnology, as well as the relevance of WTO rules to the adequate regulation of biotechnology. The findings of the final report on the case, issued by a WTO Dispute Settlement Panel on 29 September 2006, will also be referenced.

Q8 What WTO agreements apply to trade in biotechnology products?

Q9 What issues are raised by the application of WTO rules in biotechnology?

Q10 What is the EC-Biotech case about?

Q11 How should biotech regulations be notified?

Q12 Are mandatory traceability and labelling requirements unnecessarily trade-restrictive?

Q13 Are genetically modified and non-modified products ‘like products’?

Q14 What is the role of international standard-setting bodies?

References and further reading