ABSTRACT
The Cartagena Protocol on Biosafety covering trade in living modified organisms (LMOs) is certainly an important step in protecting human health and the environment from unknown risks of biotechnology. However, disciplining the new trade will take much more. Countries need to balance their international commitments to free trade against the concerns of a sceptical public that may want to restrain trade in LMOs. These concerns stem partly from the inability to ensure that genetically modified (GM) goods can be produced and sold in a traceable, transparent and predictable manner. The creation of regulatory mechanisms for GM trade is a daunting task for developing countries in particular, as they lack the resources to carry out controls, labelling and other standard-compliance procedures. Besides managing compliance, developing countries need to participate in the crafting of the rules of biotechnology trade. The World Trade Organization (WTO) with its strong dispute settlement mechanism is for many countries the preferred arbiter for global disputes. At the same time, trade in biotechnology is not explicitly covered by WTO rules as yet. In order to protect their interests, it is imperative for developing countries to identify their biotechnology and biosafety trade concerns that impact the debate in the WTO and to participate in the forging of rules in the future.
