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

摘要

International sanitary and phytosanitary (SPS) standards have taken center stage at the World Trade Organization (WTO), in both the standard-setting and dispute settlement arenas. For example, the labeling, safety, and environmental impacts of genetically modified organisms (GMOs) are becoming among the most contentious trade issues of 2000. Do GMOs threaten human health or life? Do they threaten animal health or life? If science is inconclusive on either of these scores, should an importing country be permitted to ban their entry? Even if science shows that GMOs are safe, should an importing country be permitted to require labeling of products that contain GMOs so that consumers can decide whether or not to purchase such products? In the absence of scientific support indicating that GMOs pose a health risk, would such a labeling requirement be an impermissible restriction on trade because it would be the equivalent of a "Warning: This Product May Be Hazardous to Your Health" sticker?