A study on the trade restrictions for safety in the trade of LMOs = 유전자변형제품의 안전성확보를 위한 무역규제에 관한 고찰 : 바이오안전성 의정서와 WTO 협정을 중심으로

Abstract

This paper studies on the relationships between trade restrictions on LMOs by reviewing the Biosafety Protocol providing rules for the safe transfer, handling, use, disposal of LMOs and restriction on LMOs, and WTO rules including trade restrictive measures for safety and environmental protection. The trade restrictive measures for safety on LMOs based on whether genetic engineering is or not are not justified under not only GATT(l994) article 1 and article 3 but also general exceptions of GATT(l994) article 20, TBT Agreement and SPS Agreement with the exception of labelling requirement. Accordingly, efficient implementation of the mandatory labelling system to LMOs will be suitable alternative for safety in the trade of LMOs. This adds to the cost developer, importer or consumer of LMOs. However, efficient practical use of mandatory labelling system may be the only useful policy if the WTO is not to be dragged into the trade restrictive measures on LMOs.