Rutgers University (Newark) Legal Working Paper Series
Rutgers Law School (Newark) Faculty Papers
Treaties in Collision: The Biosafety Protocol and the World Trade Organization Agreements
Article comments
This article was first published in: 96 American Journal of International Law 606 (2002)
Abstract
In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.
In this piece, I analyze the relationship between these agreements. I conclude that while the “savings clause” language ultimately included in the Biosafety Protocol preserves countries’ rights and obligations under the WTO Agreements, the Protocol and the WTO Agreements are less on a collision course than some may fear.
Subject Area
Environmental Law, International Law, International Trade
Recommended Citation
Sabrina Safrin,
"Treaties in Collision: The Biosafety Protocol and the World Trade Organization Agreements"
(July 2002).
Rutgers University (Newark) Legal Working Paper Series.
Rutgers Law School (Newark) Faculty Papers.
Working Paper 14.
http://law.bepress.com/rutgersnewarklwps/fp/art14
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