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Low Level Presence Under the WTO

In: The Coexistence of Genetically Modified, Organic and Conventional Foods

Author

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  • William A. Kerr

    (University of Saskatchewan)

Abstract

In international trade law countries are allowed to put in place trade barriers and maintain them unless challenged by another country for being in violation of its international obligations. In the case of WTO members these obligations are set out in the WTO agreements. The WTO provides an opportunity for Member States to formally challenge trade barriers imposed by other Members if they believe the barrier does not comply with the provisions of a WTO agreement. The WTO agreements make no specific reference to low level presence. Thus, trade barriers put in place to deal with the presence of unintentionally comingled products must be interpreted on the basis of general WTO rules. Automatic import bans on shipments comingled with unapproved GM-products would appear not to comply with WTO obligations, but as with many differences in interpretation, clarity would have to await a challenge and a ruling from a disputes panel.

Suggested Citation

  • William A. Kerr, 2016. "Low Level Presence Under the WTO," Natural Resource Management and Policy, in: Nicholas Kalaitzandonakes & Peter W.B. Phillips & Justus Wesseler & Stuart J. Smyth (ed.), The Coexistence of Genetically Modified, Organic and Conventional Foods, pages 311-319, Springer.
    • Handle: RePEc:spr:nrmchp:978-1-4939-3727-1_24
    DOI: 10.1007/978-1-4939-3727-1_24
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