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We know I am anti-GMO. But, throwing the "opinion" side of the argument to the wind, this is also a legal question. And, legally, it ain't pretty for the anti-GMO folks.
Problem is Article XX(b) of the GATT and the Sanitary/Phytosanitary Side Agreement. These are the articles (basically a statement and an expansion of that statement) that the EU keeps looking to when justifying a trade restriction against GMOs. This "exemption" to the normal WTO rules gives a country the right to restrict a product that is harmful to human, animal, or plant health.
The problem is that thus far (dating back to Beef Hormone in 1997-98) the WTO's DSB requires that the country seeking to ban the product bear the burden of proof that the product is harmful. How heavy is the burden? Well, in Beef Hormone, the EU put up a lot of scientific opinion and the US put up basically *nothing* for evidence (claiming trade secrets of US companies), and the US still won. Get the picture?
What's worse, there is still no, nor has there ever been, a GATT/WTO exception for "environmental harm." Note that the quoted SPS exemption must focus on "health," which is not quite the same thing.
Okay, there's your ammo. Now, would somebody please take this info and sue one of my clients so I could get more business? Thanks. [img]graemlins/heee.gif[/img]
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