Transatlantic GMO Dispute in the WTO: Will Europe further abstain from Frankenstein Foods?

Abstract

This paper analyses the clash between two multilevel governing systems – the EU and the WTO – on the regulation of genetically modified organisms’ (GMOs’) authorisation and seeks to answer a question whether a workable solution can be found through existing dispute settlement procedures. In the first part of the paper the development of the dispute will be introduced together with a brief history of the events. The emphasis is put only on the most recent events that followed the US complaint in the WTO. The second part depicts and gives an analysis of the main EU legislation in the field of biotechnology and its implementation, which caused this WTO dispute. The fourth part seeks to answer whether the WTO is a proper forum for this dispute because of its insensitivity for numerous non-economic issues, which are at stake in this case. Further on in the fourth part possible outcomes of the dispute are modelled.