Resolving international sanitary and phytosanitary disputes in the WTO: Lessons and future directions

Food and Drug Law Journal

Volumn 55, Issue 1, 2000, Pages 81-104

  Kennedy, Kevin C ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

HORMONE;

AGRICULTURE; DECISION MAKING; FOOD SAFETY; INFECTION CONTROL; INTERNATIONAL COOPERATION; JAPAN; LAW; MEAT; QUALITY CONTROL; REVIEW; RISK ASSESSMENT; SANITATION; STANDARDIZATION;

ANIMALS; CATTLE; COMMERCE; EUROPEAN UNION; FOOD CONTAMINATION; FOOD INDUSTRY; FOOD MICROBIOLOGY; FORECASTING; GOVERNMENT; GROWTH SUBSTANCES; HORMONES; HUMANS; INTERNATIONAL COOPERATION; JAPAN; LEGISLATION, FOOD; MEAT; ORGANISMS, GENETICALLY MODIFIED; QUARANTINE; RISK ASSESSMENT; SALMON; UNITED STATES; WORLD HEALTH;

EID: 0033998912     PISSN: 1064590X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (169)

1. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
2. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
3. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
4. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
5. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
6. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
7. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
8. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
9. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
10. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
11. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
12. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
13. See, e.g., Toshio Aritake, Japan Issues Manual for U.S., Canada on Genetically Altered Soybeans, Corn, 17 Int'l Trade Rep. (BNA), at 179 (2000); Toshio Aritake & Gary G. Yerkey, Japan Readies for GMO Labeling as Businesses Shift to Non-GMO Products, 16 Int'l Trade Rep. (BNA), at 1352 (1999); Toshio Aritake, Japan Weighs Safety Guidelines for Production of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Toshio Aritake, Japan to Inspect Imported GMO Corn, Soybeans, Rapeseeds, MHW Officials Say, 16 Int'l Trade Rep. (BNA), at 1353 (1999); Japan Bans Production of Genetically Modified Corn Crops, 16 Int'l Trade Rep. (BNA), at 1064 (1999); Clinton Calls for Single Standard to Determine Safety of GMO Crops, 16 Int'l Trade Rep. (BNA), at 1049 (1999); Governments to Discuss Restarting Stalemated Talks on Biosafety Pact, GMOs, 16 Int'l Trade Rep. (BNA), at 1044 (1999); Daniel Pruzin, U.S. Says WTO Should Work with Codex on Labeling Standards for GMO Products, 16 Int'l Trade Rep. (BNA), at 1040 1999); OECD to Continue Harmonization Work Despite Differing Policies Among Members, 16 Int'l Trade Rep. (BNA), at 1010 (1999); U.S., Canada Lodge Complaints over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999); EC Freezes Approval of U.S. GMO Seed Following Report of Harm to Butterflies, 16 Int'l Trade Rep. (BNA), at 886 (1999). See generally Genetically Modified Food, Food for Thought, THE ECONOMIST, June 19, 1999, at 19; Ending a Genetic Food Fight, CHRISTIAN SCI. MONITOR, Sept. 28, 1999, at 20. Information on the OECD's Program on the Harmonization of Regulatory Oversight in Biotechnology is available at 〈www.oecd.org/ehs〉 (last visited Feb. 2000).
14. Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Apr. 15, 1994, Agreement on the Application of Sanitary and Phytosanitary Measures, reprinted in Uruguay Round Trade Agreements, Texts of Agreements, Implementing Bill, Statement of Administrative Action and Required Supporting Statements, H.R. Doc. No. 103-316, 103d Cong., 2d Sess., vol. 1, at 1318, 1981 (1994) [hereinafter SPS Agreement].
15. Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Apr. 15, 1994, Agreement on the Application of Sanitary and Phytosanitary Measures, reprinted in Uruguay Round Trade Agreements, Texts of Agreements, Implementing Bill, Statement of Administrative Action and Required Supporting Statements, H.R. Doc. No. 103-316, 103d Cong., 2d Sess., vol. 1, at 1318, 1981 (1994) [hereinafter SPS Agreement].
16. General Agreement on Tariffs and Trade, Oct 30, 1947, 61 Stat. A-11, T.I.A.S. 1700, 55 U.N.T.S. 194, art. XX[hereinafter GATT].
17. GATT, art. III:4.
18. GATT, art. XX(b).
19. Restrictions on Importation of and Internal Taxes on Cigarettes, Nov. 7, 1990, GATT B.I.S.D. (37th Supp.) at 200 (1991).
20. Id. (quoting Section 337 of the Tariff Act of 1930, Nov. 7, 1989, GATT B.I.S.D. (36th Supp.) at 345, ¶ 5.26 (1990)).
21. See SPS Agreement, supra note 2. The text of the SPS Agreement is available at 〈www.wto.org/wto.goods/ spsagr.htm〉 (last visited Feb. 2000).
22. See SPS Agreement art. 2.3.
23. Id. Annex A, ¶ 1(a)-(d).
24. Id.
25. Article 2.2 provides: Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence, except as provided for in paragraph 7 of Article 5. Article 5.7 of the SPS Agreement provides: In cases where relevant scientific is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary and phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary and phytosanitary measure accordingly within a reasonable period of time. In tandem, these two articles represent the SPS Agreement's version of the precautionary principle; Id. arts. 2.2, 5.7.
26. Article 2.3 provides: Members shall ensure that their sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail, including between their own territory and that of other Members. Sanitary and phylosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade. Id. art. 2.3.
27. "Members shall base their sanitary and phytosanitary measures on international standards. . . ." SPS Agreement art. 3.1 (emphasis added). These international standards, guidelines, and recommendations are further defined in Annex A:3 of the SPS Agreement to include those of the Codex, the International Office of Epizootics, and the Secretariat of the International Plant Protection Convention.
28. Codex has issued more than 200 commodity standards and approximately 2000 maximum limits for pesticide residues. General information about Codex, including the contents of the Codex Alimentarius is available at 〈www.fao.org/waicent/faoinfo/economic/esn/codex/Default.htm〉 (last modified Aug. 1, 1999).
29. International Agreement for the Creation at Paris of an International Office for Epizootics, Jan. 17, 1925, 57 L.N.T.S. 135. General information about the International Committee, including its publications, is available at 〈www.oie.int〉 (last visited Feb. 2000).
30. International Plant Protection Convention, Apr. 3, 1952, 150 U.N.T.S. 67. The IPPC was revised in 1997 to address the relationship of the IPPC to the SPS Agreement, in particular the role of the IPPC in promulgating internationally harmonized phytosanitary measures and standards. The revised text of the IPPC is reprinted in WTO, COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, Adoption of the New Revised Text of the International Plant Protection Convention (IPPC), Annex 1, G/SPS/GEN/51 (Feb. 17, 1998). General information about the Convention is available at 〈www.fao,org/waicent/faoinfo/agricult/agp/agpp〉 (last visited Feb. 2000).
31. International Plant Protection Convention, Apr. 3, 1952, 150 U.N.T.S. 67. The IPPC was revised in 1997 to address the relationship of the IPPC to the SPS Agreement, in particular the role of the IPPC in promulgating internationally harmonized phytosanitary measures and standards. The revised text of the IPPC is reprinted in WTO, COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, Adoption of the New Revised Text of the International Plant Protection Convention (IPPC), Annex 1, G/SPS/GEN/51 (Feb. 17, 1998). General information about the Convention is available at 〈www.fao,org/waicent/faoinfo/agricult/agp/agpp〉 (last visited Feb. 2000).
32. See COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, Procedure to Monitor the Process of International Harmonization, G/SPS/13 (July 7, 1999).
33. Article 3.2 provides: Sanitary or phytosanitary measures which conform to international standards, guidelines or recommendations shall be deemed to be necessary to protect human, animal or plant life or health, and presumed to be consistent with the relevant provisions of this Agreement and of GATT 1994. SPS Agreement art. 3.2.
34. See PHILLIP EVANS & JAMES WALSH, THE EIU GUIDE TO THE NEW GATT 23 (1994).
35. See id.
36. Article 3.3 provides: Members may introduce or maintain sanitary or phytosanitary measures which result in a higher level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the level of sanitary or phytosanitary protection a Member determines to be appropriate in accordance with the relevant provisions of paragraphs 1 through 8 of Article 5. Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different from that which would be achieved by measures based on international standards, guidelines or recommendations shall not be inconsistent with any other provision of this Agreement. For purposes of paragraph 3 of Article 3, there is a scientific justification if, on the basis of an examination and evaluation of available scientific information with the relevant provisions of this Agreement, a member determines that the relevant international standards, guidelines or recommendations are not sufficient to achieve its appropriate level of SPS protection. SPS Agreement art. 3.3.
37. Id. Annex A, ¶ 4.
38. See id. art. 5.3.
39. An example of more stringent domestic standards are the pre-1996 U.S. Delaney Clauses that prohibited the introduction of food additives or color additives in processed foods if the substances posed any risk of cancer in humans or animals. The Delaney Clauses established a level of protection that reflected a congressional decision that there should be zero risk of cancer to humans from the substances those clauses covered. That congressional determination was based on scientific evidence available at the time of its enactment and a risk assessment (i.e., an evaluation of the potential for adverse effects on human life or health, even though the risk of cancer was slight). The evidence and assessment resulted in a level of zero risk of carcinogenesis. See Federal Food, Drug, and Cosmetic Act, Pub. L. No. 75-717, 52 Stat. 1040 (1938) (codified as amended at 21 U.S.C. § 348(c)(3)(A) (1994)). Underpressure from domestic farm groups, Congress amended the Delaney Clauses in the Food Quality Protection Act of 1996 to remove chemical pesticides in processed foods from the definition of "food additives." See Pub. L. No. 104-170, § 405, 110 Stat. 1489 (1996). Advances in detection techniques had developed to the point that pesticide residues could be detected that fell far below levels considered to pose a serious health threat. A new health-based standard that permits less than a one in one million lifetime risk of cancer was enacted to replace the zero-risk standard set by the Delaney Clauses in connection with pesticide residues. The Delaney Clauses continue to apply to food additives, color additives, and compounds administered to food-producing animals.
40. SPS Agreement, supra note 2.
41. Id. art 5.2.
42. Id. art. 5.6.
43. Article 4.1 provides: Members shall accept the sanitary and phytosanitary measures of other Members as equivalent, even if these measures differ from their own or from those used by other Members trading in the same product, if the exporting Member objectively demonstrates to the importing Member that its measures achieve the importing Member's appropriate level of sanitary or phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Member for inspection, testing and other relevant procedures. Id. art. 4.1.
44. Id. art. 4.2.
45. See COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, SPS Agreement and Developing Countries, G/SPS/GEN/128 (July 8, 1999).
46. See Gillian Sandford, More at Stake than Steak; Britain Aims to Avert Trade War, CHRISTIAN SCI. MONITOR, Oct. 29, 1999, at 7.
47. See Poultry Products inspection Act, Pub. L. No. 85-172, 71 Stat. 441 (1957) (codified as amended at 21 U.S.C. §§ 451-470, 466); Federal Meat Inspection Act, Pub. L. No. 59-242, 34 Stat. 1260 (1907), revised by the Wholesome Meat Act, Pub. L. No. 90-201, 81 Stat. 584 (1967) (codified as amended at 21 U.S.C. §§ 601-695, 620). The United States and the EU have been engaged in intense negotiations to conclude mutual recognition agreements on food and labeling requirements. See Gary G. Yerkey, U.S., EU Fail to Meet MRA Deadline; New Talks Slated for Later This Month, 14 Int'l Trade Rep. (BNA), at 225 (1997).
48. See Rosella Brevetti, U.S. and EU Agree on Framework On Veterinary Equivalency Except for Poultry, 14 Int'l Trade Rep. (BNA), at 807 (1997); Gary G. Yerkey, U.S.-EU Animal Trade Pact Set to Take Effect with New USDA Rules, 16 Int'l Trade Rep. (BNA), at 1091 (1999).
49. See Rosella Brevetti, U.S. and EU Agree on Framework On Veterinary Equivalency Except for Poultry, 14 Int'l Trade Rep. (BNA), at 807 (1997); Gary G. Yerkey, U.S.-EU Animal Trade Pact Set to Take Effect with New USDA Rules, 16 Int'l Trade Rep. (BNA), at 1091 (1999).
50. See Yerkey, supra note 34; European Union and the United States Sign Veterinary Agreement, Press Release, July 20, 1999, available at 〈www.eurunion.org/news/press/1999/1999048.htm〉 (last visited Feb. 2000).
51. SPS Agreement art. 8, Annex C: 1 (a).
52. See id.
53. See SPS COMMITTEE, Report (1999) on the Activities of the Committee on Sanitary and Phytosanitary Measures, G/L/315 (July 28, 1999). The Committee's 1999 Report notes that "[t]he SPS Committee continued to maintain close working relationships with the IPPC, the OIE and Codex." Id. ¶ 10.
54. See id. arts. 12.1, 12.4.
55. See id. arts. 3.5, 12.4.
56. See COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, Procedure to Monitor the Process of International Harmonization, G/SPS/13 (July 12, 1999).
57. See COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, Decision to Extend the Provisional Procedure to Monitor the Process of International Harmonization, G/SPS/14 (July 12, 1999).
58. COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, G/L/118 (1996) (last modified Jan. 19, 2000) 〈www.wto.org/wto/goods/agric.htm〉.
59. COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES, Procedure to Review the Operation and Implementation of the Agreement, G/SPS/10 (Oct. 21, 1997).
60. See id. art. 11.
61. See id. art. 11.2. For example, in the 1997 WTO Panel report, EC Measures Concerning Meat and Meat Products (Hormones), the panel consulted scientific experts. See Report of the WTO Panel, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/R/USA (Aug. 18, 1997) [hereinafter WTO Hormone Report].
62. See id. art. 11.2. For example, in the 1997 WTO Panel report, EC Measures Concerning Meat and Meat Products (Hormones), the panel consulted scientific experts. See Report of the WTO Panel, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/R/USA (Aug. 18, 1997) [hereinafter WTO Hormone Report].
63. In 1997, tension built between 12 states and the Environmental Protection Agency (EPA) over allegedly lax enforcement of clean air and dean water regulations by the states. The EPA threatened to cut off federal funds and to limit the authority of those states to enforce those laws. See James L. Tyson, States Feud with EPA Over Regulations, CHRISTIAN SCI. MONITOR, Feb. 19, 1997, at 4.
64. Restrictions on Imports of Tuna, GATT B.I.S.D. (39th Supp.) at 155, 198-200, ¶¶ 5.24-5.29 (unadopted 199 reprinted in 30 INT'L LEGAL MATERIALS 1594-1623 (1991).
65. Restrictions on Imports of Tuna, GATT B.I.S.D. (39th Supp.) at 155, 198-200, ¶¶ 5.24-5.29 (unadopted 199 reprinted in 30 INT'L LEGAL MATERIALS 1594-1623 (1991).
66. Id. ¶ 5.27.
67. Uruguay Round Agreement on Agriculture, reprinted in STATEMENT OF ADMINISTRATIVE ACTION, supra note 2, at 1355.
68. Uruguay Round Agreement on Agriculture, reprinted in STATEMENT OF ADMINISTRATIVE ACTION, supra note 2, at 1355.
69. See id.
70. Id. art. 14.
71. See TBT Agreement art. 1.5, supra note 2.
72. See SPS Agreement art. 1.4.
73. For additional analysis of these disputes, see Terence P. Stewart & David S. Johanson, The SPS Agreement of the World Trade Organization and the International Trade of Dairy Products, 54 FOOD & DRUG L.J. 55 (1999).
74. See WTO Hormone Report, at 218, ¶¶ 8.214, 8.216.
75. See Report of the Appellate Body, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/AB/R, WT/DS48/AB/R (Jan. 16, 1998) [hereinafter Appellate Body Hormone Report]. Both Canada and the United States brought WTO complaints against the EC's measures affecting livestock and meat.
76. Three of the hormones are naturally occurring in animals and humans; the other three are artificially produced. For additional background on the dispute, see Kristin Mueller, Hormonal Imbalance: An Analysis of the Hormone Treated Beef Trade Dispute Between the United States and the European Union, 1 DRAKE J. AGRIC. L. 97 (1996); Note, The EC Hormone Ban Dispute and the Application of the Dispute Settlement Provisions of the Standards Code. 10 MICH. J. INT'L. L. 872 (1989); Office of the U.S. Trade Representative, WTO Hormones Report Confirms U.S. Win, Press Release 97-76, Aug. 18, 1997.
77. Three of the hormones are naturally occurring in animals and humans; the other three are artificially produced. For additional background on the dispute, see Kristin Mueller, Hormonal Imbalance: An Analysis of the Hormone Treated Beef Trade Dispute Between the United States and the European Union, 1 DRAKE J. AGRIC. L. 97 (1996); Note, The EC Hormone Ban Dispute and the Application of the Dispute Settlement Provisions of the Standards Code. 10 MICH. J. INT'L. L. 872 (1989); Office of the U.S. Trade Representative, WTO Hormones Report Confirms U.S. Win, Press Release 97-76, Aug. 18, 1997.
78. Three of the hormones are naturally occurring in animals and humans; the other three are artificially produced. For additional background on the dispute, see Kristin Mueller, Hormonal Imbalance: An Analysis of the Hormone Treated Beef Trade Dispute Between the United States and the European Union, 1 DRAKE J. AGRIC. L. 97 (1996); Note, The EC Hormone Ban Dispute and the Application of the Dispute Settlement Provisions of the Standards Code. 10 MICH. J. INT'L. L. 872 (1989); Office of the U.S. Trade Representative, WTO Hormones Report Confirms U.S. Win, Press Release 97-76, Aug. 18, 1997.
79. See WTO Hormone Report,supra note 46, at 6-8, 11, ¶¶ 2.17-2.25, 2.33.
80. See id.
81. See Office of the U.S. Trade Representative Press Release, supra note 58.
82. See id.
83. See id.; see also Mueller, supra note 58.
84. See WTO Hormone Report, supra note 46, at 170, ¶¶ 8.25-8.26.
85. See TBT Agreement art. 1.5; SPS Agreement art. 1.4; WTO Hormone Report, supra note 46, at 171, ¶ 8.29.
86. See TBT Agreement art. 1.5; SPS Agreement art. 1.4; WTO Hormone Report, supra note 46, at 171, ¶ 8.29.
87. See TBT Agreement art. 1.5; SPS Agreement art. 1.4; WTO Hormone Report, supra note 46, at 171, ¶ 8.29.
88. See WTO Hormone Report, supra note 46, at 172-74, ¶¶ 8.38-8.42.
89. See id. at 174-75, ¶¶ 8.49-8.50.
90. Id. at 175, ¶ 8.51 (footnote omitted).
91. SPS Agreement art 3.1.
92. W. Annex A:3(a).
93. See WTO Hormone Report, supra note 46, at 176, ¶¶ 8.56-8.57.
94. See id. at 180, ¶ 8.70.
95. See SPS Agreement art. 3.3 n.2.
96. See SPS Agreement Annex A:5.
97. See WTO Hormone Report, supra note 46, at 185, ¶¶ 8.87-8.89.
98. SPS Agreement Annex A:4.
99. See WTO Hormone Report, supra note 46, at 187, ¶ 8.98.
100. Pursuant to Article 11.2 of the SPS Agreement and Article 13 of the Dispute Settlement Understanding. For the experts' analyses and conclusions, see WTO Hormone Report, supra note 46, at 113-61, ¶¶ 6.1-6.241, and the Annex to the Report.
101. See WTO Hormone Report, supra note 46, at 196, ¶ 8.124.
102. See id.
103. See SPS Agreement arts. 5.4, 5.5, 2.3.
104. See WTO Hormone Report, supra note 46, at 214, 215, ¶¶ 8.197, 8.203.
105. See id. at 218, ¶¶ 8.214, 8.216.
106. See Appellate Body Hormone Report, supra note 57.
107. See id. at 47-48, ¶128.
108. Id.
109. Id. at 39, ¶ 109.
110. Id. at 43, ¶ 117.
111. Id. at 50-55, ¶¶ 135-145.
112. Id.
113. Id. at 46-47, ¶¶ 23-125.
114. Id.
115. See WTO Hormone Report, supra note 46, at 176, 180, ¶¶ 8.56-8.57, 8.70.
116. See Appellate Body Hormone Report, supra note 57, at 63, ¶ 163.
117. Id. at 68, ¶ 176.
118. See WTO Hormone Report, supra note 46, at 196, ¶ 8.124.
119. See Appellate Body Hormone Report, supra note 57, at 74, ¶ 190.
120. Id. at 96, ¶ 245.
121. See Joe Kirwin, EC Internal Document Concedes Proof Is Lacking on Beef Hormone Allegations, 16 Int'l Trade Rep. (BNA), at 1529 (1999).
122. See Daniel Pruzin & Gary G. Yerkey, WTO Approves U.S., Canada Sanctions on EU of $124.5 Million in Beef Hormone Dispute, 16 Int'l Trade Rep. (BNA), at 1158 (1999).
123. See Report of the WTO Panel, Australia - Measures Affecting Importation of Salmon, WT/DS18/R ¶ 1.1 (June 12, 1998).
124. See id. ¶ 3.2.
125. Report of the Appellate Body, Measures Affecting Importation of Salmon, AB-1998-5, WT/DS18/ AB/R, at 72, ¶ 112 (Oct. 20, 1998) [hereinafter Appellate Body Salmon Report].
126. Australia contended in the 1996 Final Report that imports of uncooked salmon should be prohibited in order to prevent the introduction and spread of exotic diseases within Australia.
127. Appellate Body Salmon Report, supra note 103, ¶ 121.
128. See id. ¶¶ 177-178.
129. See id. ¶ 241.
130. See id. ¶ 242.
131. See id. ¶ 125.
132. See Report of the WTO Panel, Japan - Measures Affecting Agricultural Products, WT/DS76/R, ¶¶ 2.18-2.22 (Oct. 27, 1998).
133. See id. ¶¶ 4.16-4.24.
134. See id. ¶¶ 4.25-4.34.
135. Report of the Appellate Body, Measures Affecting Agricultural Products, AB-1998-8, WT/DS76/AB/ R, at 21, ¶ 79 (Feb. 22, 1999).
136. See id. ¶¶ 81-85.
137. See id. ¶¶ 81-82.
138. See id. ¶¶ 112-114.
139. See Kirwin, supra note 99.
140. The Cairns Group members include Argentina, Australia, Brazil, Canada, Chile, Colombia, Fiji, Indonesia, Malaysia, New Zealand, the Philippines, Thailand, and Uruguay, Bolivia, Costa Rica, and Guatemala joined the Cairns Group as observers in 1999.
141. See, e.g., Gary G. Yerkey, Cairns Group Still Undecided on How to Approach Biotech Issue in WTO Talks, 16 Int'l Trade Rep. (BNA), at 1646 (1999).
142. See Gary G. Yerkey, Environmental Groups Urge WTO to Allow Import Bans Based on 'Precautionary' Rule, 16 Int'l Trade Rep. (BNA), at 877 (1999).
143. See Toshio Aritake, Japan Enacts Labeling Standards for Processed Agricultural Products, 16 Int'l Trade Rep. (BNA), at 1216 (1999) ("[A] Cornell University researchers study, published May 20 in Nature, . . . said as many as 44 percent of butterfly larvae used in their experiment died four days after consuming leaves sprinkled with the pollen of GMO corn"); EC Freezes Approval of U.S. GMO Seed, supra note 1.
144. See EU Scientists OK Food Products Derived from Genetically Modified Corn Seeds, 16 Int'l Trade Rep. (BNA), at 1660 (1999).
145. See Canadian Minister Dismisses Allegations That Genetically Modified Foods Are Unsafe, 16 Int'l Trade Rep. (BNA), at 1762 (1999); U.S., Canada Lodge Complaints Over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999).
146. See Canadian Minister Dismisses Allegations That Genetically Modified Foods Are Unsafe, 16 Int'l Trade Rep. (BNA), at 1762 (1999); U.S., Canada Lodge Complaints Over Rapid Rise in Genetic Labeling Measures, 16 Int'l Trade Rep. (BNA), at 1006 (1999).
147. See Mark Felsenthal & Corbett B, Daly, Clinton, Prodi Vow to Ease WTO Differences, Create Temporary Scientific Panel on GMOs, 16 Int'l Trade Rep. (BNA), at 1776 (1999); Gary G. Yerkey, U.S., EU to Begin Talks Aimed at Settling Row Over EU Ban on GMO Imports, 16 Int'l Trade Rep. (BNA), at 1862 (1999).
148. See Mark Felsenthal & Corbett B, Daly, Clinton, Prodi Vow to Ease WTO Differences, Create Temporary Scientific Panel on GMOs, 16 Int'l Trade Rep. (BNA), at 1776 (1999); Gary G. Yerkey, U.S., EU to Begin Talks Aimed at Settling Row Over EU Ban on GMO Imports, 16 Int'l Trade Rep. (BNA), at 1862 (1999).
149. See Biotech Companies Propose to EU Measures Aimed at Fears of GMO Products, 16 Int'l Trade Rep. (BNA), at 1775 (1999).
150. See Gary G. Yerkey, Farm Leader Urges U.S. to Establish Six-Month Deadline for Biotech Pact with EU, 16 Int'l Trade Rep. (BNA), at 1904 (1999).
151. See Preparation for the 1999 Ministerial Conference, Proposal of Japan on Genetically Modified Organisms (GMOs), WT/GC/W/365 (Oct. 12, 1999).
152. See COMMITTEE ON TECHNICAL BARRIERS TO TRADE, Genetically Modified Agricultural and Food Products, Submission from the United States, G/TBT/W/115 (June 17, 1999).
153. See Yerkey, supra note 126 ("Isi Siddiqui, special assistant to the secretary of agriculture for international affairs, . . . said that if the U.S. - EU discussions were to fail, the United States would be prepared to seek clarification of existing WTO rules to ensure that national import approval procedures for bioengineered products were transparent, science-based, and predictable."). See also Yerkey, supra note 124 ("Senior U.S. officials said . . . that the United States was prepared to bring the issue into the WTO negotiating process if it cannot be settled on a bilateral basis.").
154. Article 2.2 of the Agreement on Technical Barriers to Trade provides in part: technical regulations shall not be more trade-restrictive than necessary to fulfill a legitimate objective . . . . Such legitimate objectives are, inter alia: . . . protection of human health or safety, animal or plant life or health, or the environment TBT Agreement art. 2.2.
155. See Bill Seeking Labeling, More Research on Genetically Altered Foods Expected Soon, 16 Int'l Trade Rep. (BNA), at 1877 (1999); H.R. 3377 106th Cong., 1st Sess. (1999). The bill was referred to the House Committee on Agriculture on Nov. 16, 1999.
156. See A Testing Time for Genetically Altered Foods, CHRISTIAN SCI. MONITOR, Nov. 17, 1999, at 4.
157. See id.
158. See Joe Kirwin, EU Proposes Permanent Ban on BST; Expected to Heighten Tensions with U.S., 16 Int'l Trade Rep. (BNA), at 1778 (1999).
159. See Gary G. Yerkey, EU Set to Unveil Plan to Defuse Dispute with U.S. Over "Precautionary Principle," 16 Int'l Trade Rep. (BNA), at 1774 (1999).
160. See Roland Blassnig & Gary G. Yerkey, Countries Agree on Biosafety Protocol Regulating Transboundary Movement of GMOs, 17 Int'l Trade Rep. (BNA), at 187 (2000); Ruth Walker, Global Pact on GMOs Approved, CHRISTIAN SCI. MONITOR, Jan. 31, 2000, at 6.
161. See Roland Blassnig & Gary G. Yerkey, Countries Agree on Biosafety Protocol Regulating Transboundary Movement of GMOs, 17 Int'l Trade Rep. (BNA), at 187 (2000); Ruth Walker, Global Pact on GMOs Approved, CHRISTIAN SCI. MONITOR, Jan. 31, 2000, at 6.
162. Cartagena Protocol on Biosafety to the Convention on Biological Diversity, Jan. 29, 2000, The text of the Protocol is available at 〈www.biodiv.org〉 (last visited Feb. 2000).
163. See id. art. 10.
164. See id. art. 15.
165. See id. Preamble.
166. See id.
167. See Blassnig & Yerkey, supra note 136, at 187.
168. See id. The Protocol this covers items such as trees and seeds.
169. See id.