The Sanitary and Phytosanitary Agreement of the World Trade Organization: Debunking Its Reliance on Scientific Evidence and Reluctance to Endorse Potential Biotechnology Risks

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.

The Reasoning Structure in Legal Disputes on the International Trade of Biotechnology: From a Judicial Balance by Chance to a Judicial Balance by Design

The international trade in biotech products boosts national economies and advances scientific as well as technology innovation. However, while trading these products increases the spread of benefits on a global scale, it also increases risks to human health and the environment (ie biosafety). This is because the effects of this technology on biosafety are still highly uncertain. Against this background, the judicial bodies under the World Trade Organization (WTO) find themselves in the middle of an intricate and polarised debate in which a proper judicial balance between free trade and biosafety becomes fundamental in order to determine whether requests for ensuring human and environmental health justify trade restrictions. This paper aims to highlight that the WTO is institutionally unready for balancing economic and non-economic values. In suggesting how to rationalise the judicial balance between the competing interests in the context of biotechnology, this paper demonstrates that the judicial adoption of a well-structured proportionality analysis can turn the current balance by chance into a balance by structure.

Genetic Stability, Inheritance Patterns and Expression Stability in Biotech Crops

Demonstration of the stability of traits newly introduced into a plant genome via genetic engineering approaches comprise a significant portion of the safety assessment that these products undergo prior to receiving the requisite regulatory approvals enabling commercial authorization. Different regions of the world have different regulatory requirements and many ask similar questions from multiple and overlapping perspectives. The entire central dogma, that is stability at the DNA level, mRNA level and protein level, is assessed for each product, although only a few regulatory authorities request data at the mRNA level. In this article, we present inheritance data obtained during the safety assessment of biotech products representing specific transgenic events in several crop species including Brassica napus (canola); canola quality Brassica juncea (yellow seeded canola); Glycine max (soybean), and Gossypium hirsutum (cotton) in which different traits have been introduced. The data presented confirm that all events examined were nuclear insertions that resulted in typical Mendelian Inheritance patterns and that the proteins are expressed similarly across multiple generations regardless of whether they were from backcrossed or outcrossed generations. These results demonstrate that newly inserted genes are transmitted to their progeny in a stable manner similar to that of endogenous genes. Further, the findings demonstrate that assessments of multigenerational stability have very limited value to a safety assessment.

A crisis of consumers’ trust in scientists and its influence on consumer attitude toward genetically modified foods

Purpose The purpose of this paper is to examine Chinese consumers’ attitudes toward genetically modified (GM) foods and the impact that consumers’ trust in different actors – GM scientists, non-GM scientists or individuals, the government and the media, has on their attitudes. Design/methodology/approach Consumers in Beijing were surveyed about their attitudes toward GM foods and their trust in different actors. The surveys were conducted from June to July of 2015. The sample size is 1,460 people. Given the potential endogeneity of trust variable, bivariate probit models are employed to estimate the impact of trust in different actors on consumers’ attitudes. Findings The results show that 55 percent of the Chinese consumers are opposed to GM foods and nearly 60 percent do not trust GM scientists. In total, 42 percent of Chinese consumers trust in the government and 39 percent trust the non-GM scientists or individuals. Around 35 percent of consumers believe the misinformation on GM technology that were provided by the media. Trust in the GM scientists and trust in the government have a significant positive impact on consumers’ acceptance of GM foods while trust in the non-GM scientists or individuals and believing the misinformation have a significant negative effect on the acceptance. Nearly 70 percent of Chinese consumers acquired information about GM food safety from the internet or via WeChat. Consumers who acquired GM technology information from the internet or via WeChat are less likely to embrace GM foods than those who obtain information from other sources. Originality/value Consumer trust plays a crucial role to accept biotech products in the market and it is crucial for producers, policy makers and consumers to have faith in new biotech products. The results of this study suggest that the government and GM scientists should make more effort to gain the trust and support of consumers, while the media should provide objective reports on GM products based on scientific evidence.