On Legal Issues Of GMP Trade Dispute

Genetically modified products are enhanced by using gene technology and products thatchange the genes of biological tissue to. Limited by biological scientific advancement,science cannot determine the potential risks of transgenic products; there is a fierce debateon genetically modified products between all states. Different countries based on theireconomic interests, historical backgrounds, legal systems, and other factors，take differentlegislative modes and management methods on the international trade of geneticallymodified products. The resulting conflict of laws on international trade of geneticallymodified products，which otfen bring about legal disputes of international trade ofgenetically modified products. The United States and Europe in the case of geneticallymodified farm products disputes WTO, expert groups and appeals bodies tend to determinethe legitimacy of trade measures if they are consistent with WTO rules，which make legaldispute settlement in international trade of genetically modified products，are of moreconcern.States take different control measures against genetically modified products for thepurpose of protecting its interests. Developed countries for genetically modified productstrade legal regulation can be roughly divided into the strict，loose and compromise of threetypes，respectively, to the EU，the United States and Japan on behalf of. In international law，genetically modified products on one hand are controlled by the world trade organizationlegal system such as SPS，GATT, TBT protocol，on the other hand are subject to regulationsof multilateral environmental treaties. In the world trade organization legal system andmultilateral environmental treaties, not only the basic principles are different, but also thespecific provides exists larger differences: The former do not have excessive regulations onenvironmental protection; the latter give enough attention to the healthy development ofhuman and biological science and technology development while the trade is notconsidered. In addition，they are also quite different in terms of risk assessment，identification and the precautionary principle. At this stage，we can not conclude thatMEAS and WTO rules on agreements of international law in regulating trade in geneticallymodified products is a priority. Our country should draw lessons from foreign advanced management experience, not only considering the genetically modified products ininternational trade，but also perfecting our legal system of biological safety of geneticallymodified products, which is combined with the development of international law,promoting the orderly development of international trade of genetically modified productsin China.