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European Communities – Measures Affecting the Approval and Marketing of Biotech Products

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  • HOWSE, ROBERT L.
  • HORN, HENRIK

Abstract

The EC-Biotech dispute exposed the WTO dispute settlement system to a more challenging test than any previous dispute. Not only did the Panel have to take a stand on the limits of science, or technocratic regulatory controls, to protect against objective risk, but in this regard faced more complex issues than ever addressed before by an adjudicating body. The dispute also concerned an extremely charged political issue, partly because of inherent ethical sensitivities with regard to foodstuffs, partly due to public skepticism about the role of science, and partly due to a common public perception of the complaint as being driven by the interests of an untrustworthy industry. Because of these and other challenges, the Panel faced an almost impossible task. This paper discusses how the Panel addressed some of these issues. The recently (after our report was drafted) decided appeal in EC–Hormones Suspension is likely to reduce the significance for WTO jurisprudence of some of the Panel's findings in EC–Biotech, given the apparently different approach of the AB to fundamental interpretative issues under SPS concerning the meaning of risk assessment and precaution.

Suggested Citation

  • Howse, Robert L. & Horn, Henrik, 2009. "European Communities – Measures Affecting the Approval and Marketing of Biotech Products," World Trade Review, Cambridge University Press, vol. 8(1), pages 49-83, January.
    • Handle: RePEc:cup:wotrrv:v:8:y:2009:i:01:p:49-83_00
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    Cited by:

    1. Bown, Chad & Crowley, Meredith A., 2016. "The Empirical Landscape of Trade Policy," CEPR Discussion Papers 11216, C.E.P.R. Discussion Papers.
    2. Steven White, 2013. "Into the Void: International Law and the Protection of Animal Welfare," Global Policy, London School of Economics and Political Science, vol. 4(4), pages 391-398, November.
    3. Thomas Gehring & Benjamin Faude, 2014. "A theory of emerging order within institutional complexes: How competition among regulatory international institutions leads to institutional adaptation and division of labor," The Review of International Organizations, Springer, vol. 9(4), pages 471-498, December.
    4. Bown, Chad P. & Brewster, Rachel, 2017. "US–COOL Retaliation: The WTO's Article 22.6 Arbitration," World Trade Review, Cambridge University Press, vol. 16(2), pages 371-394, April.
    5. Joanna Prystrom, 2013. "Foresight and Innovation as Determinants of Economic Performance on the Example of the Swedish Economy," Ekonomia journal, Faculty of Economic Sciences, University of Warsaw, vol. 32.

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