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CAB eBooks

Ebooks on agriculture and the applied life sciences from CAB International

CABI Book Chapter

The regulation of agricultural biotechnology.

Book cover for The regulation of agricultural biotechnology.


The regulatory systems in place prior to the development and expansion of agricultural biotechnology are still responding to this new form of technology. Such systems include trade law, intellectual property law, contract law, environmental regulations and biosafety regulations. This book reviews these reforms which are aimed at achieving a regulatory system supported by consumers and other politi...


Chapter 7 (Page no: 79)

Trade restrictions on genetically engineered foods: the application of the TBT agreement.

This chapter analyses the role of the Technical Barriers to Trade (TBT) Agreement within the World Trade Organization system with respect to trade restrictions on genetically engineered foods, particularly those related to labelling. The TBT Agreement does not cover import bans, which are encountered under the provisions of the General Agreement on Tariffs and Trade. It does not apply to sanitary and phytosanitary measures that are introduced for plant, animal or human health reasons alone, which are exclusively covered by the Sanitary and Phytosanitary (SPS) Agreement. The TBT Agreement covers all technical regulations that are not covered by the SPS Agreement, including measures with multiple objectives even if one of those objectives is related to health. With respect to the issue of labelling, the chapter examines whether the TBT Agreement would allow countries to justify broad labelling regimes if these correspond with the needs and preferences of consumers. The problem usually raised with respect to the flexible use of precaution and labelling is that it quickly leads to a misuse of such regulations to protect domestic suppliers. The chapter concludes with suggestions of ways to require sufficient empirical evidence regarding what people want and why, so as to avoid the misuse of the TBT rules as disguised protectionism.

Other chapters from this book

Chapter: 1 (Page no: 1) Regulation of GM crops: shaping an international regime. Author(s): Paarlberg, R. L. Hopkins, R. F. Ladewski, L.
Chapter: 2 (Page no: 25) The evolving GMO food trade policy debate: towards a global regulatory regime? Author(s): Katz, P. Macdonald, P. Mackenzie, G.
Chapter: 3 (Page no: 35) International proposals to regulate intellectual property rights in plant genetic resources. Author(s): Blakeney, M.
Chapter: 4 (Page no: 53) Genetically engineered food labelling: global policy polarization. Author(s): Zepeda, L.
Chapter: 5 (Page no: 59) Conflict and consensus-building: international commercial policy and agricultural biotechnology. Author(s): Hobbs, J. E. Kerr, W. A. Gaisford, J. D. Isaac, G. Klein, K. K.
Chapter: 6 (Page no: 67) The rationale behind WTO agreements and agricultural GMO controversy. Author(s): Esposti, R. Sorrentino, A.
Chapter: 8 (Page no: 89) Environmental liability and research and development in biotechnology: a real options approach. Author(s): Knudsen, O. Scandizzo, P. L.
Chapter: 9 (Page no: 97) Should the public sector conduct genomics R&D? Author(s): Naseem, A. Oehmke, J. F.
Chapter: 10 (Page no: 109) The case for differentiated appropriability in intellectual property rights for plant varieties. Author(s): Tongeren, F. van Eaton, D.
Chapter: 11 (Page no: 119) Biotechnology and developing countries: the struggle over intellectual property rights and implications for biodiversity conservation. Author(s): Janni, O.
Chapter: 12 (Page no: 127) Intellectual property strategy in the context of inter-organizational relations: the case of international agricultural research. Author(s): Binenbaum, E. Pardey, P. G.
Chapter: 13 (Page no: 143) R&D incentives for GM seeds: restricted monopoly, non-market effects, and regulation. Author(s): Weaver, R. D.
Chapter: 14 (Page no: 153) Agricultural biotech R&D structure: cyclical or not? Author(s): Oehmke, J. F. Wolf, C. A. Raper, K. C. Naseem, A.
Chapter: 15 (Page no: 161) The innovation system in agro-food biotechnology - is it European? Author(s): Menrad, K. Reiss, T.
Chapter: 16 (Page no: 171) How firm characteristics influence innovative activity in agricultural biotechnology. Author(s): Klotz-Ingram, C. Schimmelpfennig, D. Naseem, A. King, J. Pray, C.
Chapter: 17 (Page no: 183) Dynamic pricing of GM crop traits. Author(s): Perrin, R. Fulginiti, L.
Chapter: 18 (Page no: 191) Identity preservation, segregation and traceability: marketplace features and uses. Author(s): Smyth, S. Phillips, P. W. B.
Chapter: 19 (Page no: 201) Segmentation of GMO and non-GMO soybean markets under identity preservation costs and government price supports. Author(s): Schmitz, T. G. Moss, C. B. Schmitz, A.
Chapter: 20 (Page no: 211) EU traceability and the US soybean sector. Author(s): Price, G. K. Kuchler, F. Krissoff, B.
Chapter: 21 (Page no: 221) Segregation of non-biotech maize and soybeans: who bears the cost? Author(s): Lin, W. Johnson, D. D.
Chapter: 22 (Page no: 231) Future impact of new technologies: three scenarios, their competence gaps and research implications. Author(s): Harmsen, H. Sonne, A. M. Jensen, B. B.
Chapter: 23 (Page no: 239) Ex ante welfare effects of agricultural biotechnology in the European Union: the case of transgenic herbicide tolerant sugarbeet. Author(s): Demont, M. Tollens, E.
Chapter: 24 (Page no: 257) The economic impacts of agricultural biotechnology on international trade, consumers, and producers: the case of maize and soybeans in the USA. Author(s): Barkley, A. P.