Title

Predicting the predicament: the World Trade Organisation and biotechnological agriculture via the EC: biotech case

Document Type

Article

Publication details

Cunningham, R 2006, 'Predicting the predicament: the World Trade Organisation and biotechnological agriculture via the EC: biotech case', Macquarie Journal of Business Law, vol. 3, pp. 99-114.

Abstract

This paper is situated within the broad framework of World Trade Organisation jurisprudence as it applies to biotechnological agriculture, particularly Genetically Modified Organisms. The recent, high-profile European Communities - Measures Affecting the Approval and Marketing of Biotech Product Case (EC - Biotech) provides a focus point in this regard. The paper focuses on Articles III:4 and XX(b) of the General Agreement on Tariffs and Trade 1994; Articles 2 and 5 of the Agreement on Sanitary and Phytosanitary Measures; and Article 2 of the Agreement on Technical Barriers to Trade. While the paper acknowledges that the WTO is not bound by the doctrine of precedent, it draws upon past WTO decisions such as Australia - Salmon and EC - Asbestos to determine the likely analysis in EC - Biotech of important WTO jurisprudential terms such as 'risk assessment', 'like products' and 'necessity'.