초록 close

The objective of the Cartagena Protocol on Biosafety(BSP) is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living genetically modified organisms(GMOs). It also takes into account risks to human health that may be caused by transboundary movement of GMOs. The trade measures taken under the BSP may conflict with the WTO rules. The conflict represents the most contentious challenges in the development of trade policy. The regulatory approach to GMOs of the U.S. is fundermentally different from that of the EU. The regulatory approach of the U.S. os said to be scientific rationality perspective, while that of the EU may be portrayed as social rationality perspective. The controversy on the trade restrictions on GMOs as shown in EC-Measures Affecting the Approval and Marketing of Biothec Products, as is the products, as is the products of the different domestic policy. This present the WTO very tough problems of adjudicating on the appropriateness of domestic regulations. It is a typical example of unsolved problem in the WTO, the interface of multilateral environmental agreements(MEAs) and the WTO rules. The BSP multilateralizes the difference of regulatory approach th GMOs between U.S. and the EU, leaving many important issues unclear. WTO has long discussed but not soled the issue of trade0environment, especially that of what is the status in the WTO of trade measures taken in accordance with MEAs.