The manipulation of nature using modern biotechnology has resulted in the creation of Genetically Modified (GM) foods. There are states already enacting laws requiring the mandatory labeling of GM foods so that consumers can make informed choices as to what food to eat. However, on the flip side, the mandatory labeling of GM foods can also constitute non-tariff barriers as it can impose burdens on states that export GM foods. How should these two interests be balanced? This thesis takes the ambitious challenge of exploring whether the mandatory labeling of GM foods enacted under the government's protection of the consumers' right to information regarding what food to consume is consistent with the World Trade Organization (WTO) framework, particularly the Agreement on Technical Barriers to Trade (MT Agreement). This thesis holds the view that the WTO, an international organization established to promote trade liberalization, can incorporate protection of consumers' interests by including it within to the interpretation of "legitimate objective" contained in Article 2.2 of the TBT Agreement. Rather, the heart of problem lies in the threshold setting of exempting mandatory labeling. In particular, the dispersed threshold should be adjusted hi order to solve this issue, this thesis contends that both the TBT Committee and the dispute settlement system should be utilized.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.81235 |
| Date | January 2004 |
| Creators | Shirai, Tomoko |
| Contributors | de Mestral, Armand (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002151466, proquestno: AAIMQ98819, Theses scanned by UMI/ProQuest. |
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