GMOS IN THE WTO: A CRITIQUE OF THE PANEL'S LEGAL REASONING IN EC - BIOTECH

The long-awaited decision of the World Trade Organization Panel in EC - Biotech is likely to reignite debate about whether it is legitimate for an international tribunal to trade off the competing values of liberalised trade and environmental protection when considering a precautionbased regulatory regime. In reaching its decision on the legality of the European Communities' precautionary approach to assessing the safety of imports of genetically modified organisms, the Panel had an opportunity to situate its judgment within the broader realm of public international law and to demonstrate an awareness of the interconnectedness of international instruments. This article argues that despite having such an opportunity, the Panel was unduly dismissive of relevant sources of international law outside the WTO framework. By declining to consider their relevance and to show an appropriate degree of deference towards WTO Members' regulatory autonomy, the legitimacy of the Panel's decision is likely to be called into question.