ABSTRACT

The legal rules applying to genetically modified organisms under the Cartagena Protocol on Biosafety and under framework of World Trade Organization stem from some different sources. The protocol’s clearing-house mechanism is an important tool of mutual information and transparency, yet it remains without regulatory or monitoring powers. The former is more specialized in terms of protecting human and animal and plant health, while the later is more specialized in terms of protecting biodiversity. Interpretation is no longer exclusively focused on functional policies of trade liberalization and thus a narrow interpretation of exemptions. The participation in negotiations of non-trade-related elements, such as a parliamentary assembly or an advisory body, will assist this process as much as will appropriate consideration of non-trade-related interests in interagency preparations.