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The Regulation of Genetically Modified Organisms: Comparative Approaches$
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Luc Bodiguel and Michael Cardwell

Print publication date: 2010

Print ISBN-13: 9780199542482

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199542482.001.0001

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The EC—Biotech Decision: Another Missed Opportunity?

The EC—Biotech Decision: Another Missed Opportunity?

(p.337) 13 The EC—Biotech Decision: Another Missed Opportunity?
The Regulation of Genetically Modified Organisms: Comparative Approaches

Joseph McMahon

Oxford University Press

This chapter examines the interpretation and application by the Panel of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures through an analysis of the decision in EC – Biotech. It places the Panel decision in the context of the evolving jurisprudence on the SPS Agreement by looking at its interpretation of the concept of a measure, the role of risk assessment, and the transparency provisions. It concludes that the ‘simple-minded’ decision of the Panel missed the opportunity to reconcile the demands of science with the other factors that must be taken into account in any assessment of risk. As a result, it ignored the complexities arising from divergent national regulation in the area of GMOs.

Keywords:   genetically modified organisms, EC – Biotech, SPS Agreement, risk assessment, transparency

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