遺傳子變形食品 貿易紛爭과 SPS協定上의 科學的 리스크 評價

Abstract

The terms of science and risk assessment in the Sanitary and Phytosanitary Agreement (SPS Agreement) have a crucial role in solving trade disputes concerning Genetically Modified Foods(GMFs) regulatory measures, including the ongoing dispute between the United States and European Union in the World Trade Organization(WTO). If the term of “risk” is so widely interpreted enough to include the so-called “virtual risk” or “unknown risk” that is unidentificiable risk by scientific methods, any trade measures to prevent international trade of GMFs would be conform with the SPS Agreement. Because the concept of virtual risk is directly linked to the precautionary principle, it will make the requirement of scientific risk assessment under the SPS Agreement uneffective and void. It also imples that the global trade order would be threatened in the very near future. To guarantee the SPS Agreement as well as the world trade system to function well, the meanings of “science” and “risk” should be clarified restrictively to exclude pseudo-scientific claims that unreasonably put stress on theoretical scientific uncertainty. With this in mind, the WTO should establish the standard for admitting and evaluating scientific evidence submitted by the parties. In assessing the value of scientific evidence, the weight should be ascribed to the evidence confirmed by sound scientific principles in the light of falsificability. To achieve the balance between the aims of the SPS Agreement and the values of human life and health, the dynamic character of science should be dynied, and the WTO panels have to screen out evidence that does not deserve to be called “sound science."