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In 2006, the World Trade Organization (WTO) ruled on a complaint by the
United States concerning the European Union’s regulation of genetically modified
(GM) crops. It ruled that the EU failed its WTO obligations by not lifting its
moratorium on the approval of GM crops and delaying the approval of new crops.
In addition, the WTO ruled against the marketing and import bans put in place
by six EU member states. Captured in the background to this ruling is the nature
and breadth of the public debate about GM crops and biotechnology that has been
raging since the late 1990s. Therefore, understanding this dispute and its impact
on future GM crop regulation requires understanding the context of both the
antecedents to the U.S.–EU dispute over trade in GM crops as well as the different
approaches the United States and European Union have adopted in regulating
genetically modified organisms (GMOs). Consequently, this paper begins with a
discussion as to why the products of biotechnology have proven so controversial,
followed by an outline of the U.S. and EU approaches to regulating such products.
These regulations are then set in the broad context of WTO rules, which leads into a
discussion and evaluation of the U.S.–EU dispute and the findings of the WTO.
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