International Trade in GMOs and GM Products: National and Multilateral Legal Frameworks

Abstract

The purpose of this series of studies is to analyse policy issues and to stimulate discussions in the area of international trade and development. This series includes studies by UNCTAD staff, as well as by distinguished researchers from academia. In keeping with the objective of the series, authors are encouraged to express their own views, which do not necessarily reflect the views of the United Nations.The designations employed and the presentation of the material do not imply the expression of any opinion whatsoever on the part of the United Nations Secretariat concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.Material in this publication may be freely quoted or reprinted, but acknowledgement is requested, together with a reference to the document number. It would be appreciated if a copy of the publication containing the quotation or reprint were sent to the UNCTAD secretariat: Chief Trade Analysis Branch Division on International Trade in Goods and Services, and Commodities United Nations Conference on Trade and Development Palais des Nations CH-1211 Geneva

Comparative Analysis of the National Biosafety Regulatory Systems in East Africa

“…The SPS Agreement also requires in Article 5.5 that countries "avoid arbitrary or unjustifiable distinctions in the level of protection they consider to be appropriate for different situations, if such distinctions result in discrimination or disguised restrictions on international trade." (Zarrilli 2005). The SPS Agreement does allow countries to adopt precautionary measures when relevant scientific evidence is insufficient (similar to Protocol) but only allows that decision to remain for a reasonable period of time while additional scientific evidence is actively gathered (The World Trade Organization 1995a; Kinderlerer 2005).…”

“…The General Agreement on Tariffs and Trade ("GATT") could impact national biosafety regulations systems because it requires that "like products" be treated in the same manner, whether produced domestically or imported (The World Trade Organization 1994). Under GATT, it is unclear whether GE products can legitimately be distinguished solely by their process of production (Zarrilli 2005). In addition, the Technical Barriers to Trade Agreement ("TBT") requires that countries technical regulations may not be more trade-restrictive than necessary to fulfill a legitimate objective (The World Trade Organization 1995b).…”

Barley

“…They are developed by the individual country and its appropriate regulatory agency (Table 5). Several countries, such as the United States and Australia, have chosen not to sign the (2005), Bulgaria Biotechnology Information Centre (2008), and Zarrilli (2005) protocol but have policies in place to assess environmental risks and appropriate management practices.…”

Fuzzy-logic based strategy for validation of multiplex methods: example with qualitative GMO assays

“…Development and validation of quantitative methods for GMO analysis in foods and feeds remain essential, because the need for labelling has been linked to defined tolerance thresholds. Similar rules have been established in countries outside the EU (Su 2001;Zarrilli 2005). Demonstrably validated methods are therefore required in many countries to comply with regulatory requirements which need sound analytical tools to identify and quantify GMOs in food and feed products (ILSI Europe 2001).…”