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Legalising General Prohibitions on Cultivation of Genetically Modified Organisms

Published online by Cambridge University Press:  06 March 2019

Mary Dobbs

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In a pluralistic society, agreement over complex issues is frequently difficult to achieve. This is amply demonstrated by the question of cultivation of Genetically Modified Organisms (GMOs), where scientific uncertainty relating to potential threats to the environment or human health runs parallel with concerns over ethics, freedom of choice, and competing agricultural and economic interests. Conflict centres over the objective of free trade of GMOs and the circumstances in which restrictions may legitimately be imposed to deal with the abovementioned concerns, in particular regarding cultivation.

Type
Articles
Information
German Law Journal , Volume 11 , Issue 12 , December 2010 , pp. 1347 - 1372
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Copyright © 2010 by German Law Journal GbR 

References

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133 Panel Report in China-Audiovisual Services, id. at paras. 7.762-3 (the relevance to morality was not specifically contested).Google Scholar

134 Id. at paras. 7.782–7.793.Google Scholar

135 AB's Report in US-Gambling, supra note 126, at paras. 103–109.Google Scholar

136 Id. at paras 126–7. The AB did however find against the USA on the basis that they had not demonstrated that the measures did not discriminate against foreign gambling service providers.Google Scholar

137 Panel Report, supra note 132, at paras. 7.794–7.909, and AB Report, supra note 131, paras. 234–335.Google Scholar

138 Panel Report, supra note 132, at paras 7.848, 7.863 and 7.868; The AB upheld the Panel's conclusions generally, however believed that China had failed to establish even necessity conditional on no reasonable alternatives being available, AB Report, supra note 131, at para. 336.Google Scholar

139 Panel Report., supra note 132, at paras 7.869–7.909, and AB Report, supra note 131, at paras 336–7.Google Scholar

140 Supra note 98.Google Scholar

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