The relationship with other international agreements: an EU perspective

Afonso, Margarida

doi:10.4324/9781849776110-49

Cited by 3 publications

(2 citation statements)

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“…A.E. Appleton, terms in the preamble to the Cartagena Protocol consolidated this practice with regard to the Protocol itself, 95 so that the Parties would be able to take decisions to ward off any adverse effects that might arise for biological diversity. 96 It could be said that it constituted an important precedent for the any instance in which a conflict arose between WTO agreements and the Cartagena Protocol so that it did achieve what the Miami Group had wished: future controversies between the two should be submitted to the resolution framework of the WTO.…”

Section: Cumulative Application Of Rights and Duties Undermentioning

confidence: 99%

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The International Biosafety Regime and the World Trade System after Ten Years of the Cartagena Protocol

Espinosa¹

2014

EELR

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After ten years with the Protocol in force, it is necessary to draw up a balance, now that the uncertainties which justified the regime in Protocol appear to have become considerably less extensive. Apart from a large growth in the area under GMO crops, there has also been a considerable increase in their geographical spread. Moreover, it is possible to see a change in the state of affairs in which there is well-established practice among States and very limited conflict. In this new reality, the question of the debate about the relationship to international trade remains on the plane of an ex ante determination of a possible solution though examination of the substantive criteria of compatibility of the measures with the principles of the WTO and consideration of the procedural standards established by the most recent international practice, especially in the EC-Approval and Marketing of Biotech Products dispute. In view of the Panel's report, it must be accepted that choice taken was to isolate the WTO regime, rather than to adopt any more integrating conception of international law, as it subordinates the Cartagena Protocol relative to WTO Agreements.

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Section: Cumulative Application Of Rights and Duties Undermentioning

confidence: 99%

“…g) of the 1994 GATT. 99 3.2.2. The Resolution of Conflicts of Jurisdiction It may also happen not only that the frontiers between laws applicable for reaching a decision in relation to a claim are not clear, but even that the jurisdiction where a resolution is to be sought is not settled.…”

Section: Cumulative Application Of Rights and Duties Undermentioning

confidence: 99%