Legal Analysis of the Import Ban on GMO under the SPS Agreement: The Case of Peru and Mexico: Part I

This research is divided in two papers. The first paper explains how Genetically Modified Organisms (GMO) have brought enormous advantages to farmers, as products can be more resistance to pests and droughts. Some countries have raised concerns regarding their use. Particularly, this paper analyses the import ban on GMO approved by Mexico (which applies only to GM corn) and Peru (which applies to all type of GM seeds and animals). These domestic measures affect international trade, as companies are unable to export certain types of GMO to Mexico and Peru. Hence, this first paper focuses on the emergence of GMO in human history and its relevance to guarantee food security and to boost international trade. Additionally, it explains some of the concerns GMO have brought. Thus, the loss of cultural heritage, the risk on food safety and the impact on biodiversity, arguments raised by Peru and Mexico to support their GMO regulation, are covered. Finally, Peru’s and Mexico’s regulation are explained as well as the current situation of these trade measures. The second paper focuses on the legal compatibility of the import bans on GMO approved by Peru and Mexico under the law of the World Trade Organization (WTO).div/div