Food Safety and the WTO:The Interplay of Culture, Science and TechnologyKluwer Law International B.V., 2001 M11 16 - 180 pages Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favor of economic considerations, and for its visible undermining of unique cultural identities. This important book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author ably investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The Beef Hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion. Food safety is arguably the most important issue affecting international commerce today, urgently demanding enlightened discussion and action based on global consensus. This well-researched and thoughtful contribution offers significant clarification and perspective to policymakers, lawyers, academics and others engaged in this critical human drama in progress on the world stage. |
Contents
ACKNOWLEDGMENTS | 1 |
CHAPTER TWO FOOD AS CULTURE | 13 |
CHAPTER THREE FOOD PRODUCTION THE CULTURE OF FOOD AND FOOD SAFETY | 29 |
CHAPTER FOUR FOOD AS COMMERCE | 41 |
Table of Contents | 58 |
CHAPTER SIX RISKS AND RISK ASSESSMENTS | 77 |
Risk Terminology in the WTO and Codex Alimentarius | 88 |
Definition | 106 |
Other editions - View all
Food Safety and the WTO:The Interplay of Culture, Science and Technology Marsha Echols Limited preview - 2001 |
Common terms and phrases
adopted Agriculture animal Annex Appellate Body applied approach appropriate level Article 2:2 Article 5:7 Article XX(b Beef Hormones biological Biotechnology Chapter Codex Alimentarius Commission concerns consumers contaminants Council Directive culture Decision determine developing countries disease dispute settlement economic effects environmental European Community evaluation example exports factors FAO/WHO farm Food Additives food production food safety measure GATT gene genetic engineering genetically modified foods hereinafter human health implementation important International Law international standard interpretation issue level of protection meat Member Multilateral Nutrition obligations Organization Panel Phytosanitary Measures plant potential precaution precautionary principle procedures protectionism regarding regulation regulatory relevant requirements rice risk assessment risk management role rules Salmon Sanitary and Phytosanitary sanitary measure scientific evidence scientific principles scientists Sidney Mintz SPS Agreement SPS Committee SPS measure Supp supra note traditional United Uruguay Round USDA Varietals