Germany’s Ban of Monsanto’s Genetically Modified Maize (Mon810): A Violation of International Law

Abstract

This comment addresses the controversy over the ban of genetically modified organisms (“GMOs”) in the international trade market. Currently, there are six countries that ban Monsanto’s GMO maize MON810. Specifically, this comment questions the validity of Germany’s ban with regards to the treaties of the World Trade Organization (“WTO”) and directives/regulations of the European Union. This comment concludes that the scientific evidence cited by Germany does not meet treaty safeguard provisions in order to validate the ban of GMO maize MON810 within its borders. In light of this conclusion, this comment recommends that the United States, on behalf of Monsanto, should bring a claim against Germany regarding the ban via the WTO’s dispute settlement procedures. Additionally, in order to protect against future illegal bans based upon insufficient scientific evidence, the WTO should establish an independent scientific organization to analyze the environmental safety of GMOs. Finally, this comment recommends that as a prophylactic to illegal bans, the WTO should strengthen its dispute settlement procedures by altering its dispute resolution timeline and increase the costs to violators.