Tension Between the Cartagena Protocol and the WTO: The Significance of Recent WTO Developments in an Ongoing Debate

Disputes recently decided and pending before the WTO will significantly affect prior analyses of the conflict between treaties. A recent WTO Appellate Body decision against Japan concerning import restrictions on apples ( Apples ) sheds light on how the SPS Agreement interacts with trade restrictions based on environmental concerns. Also, a pending panel dispute addressing trade restrictions on LMOs ( Biotech Products ) will provide significant guidance as to how the WTO will resolve the conflict between the two treaties. This Development does not examine all potential conflicts between the treaties, but instead focuses on what these two WTO disputes mean for those conflicts. Part I of this Development provides background on the Protocol, the SPS Agreement, and their potential for conflict. Part II analyzes the Apples decision and its significance for the conflict between the two treaties. Part III examines the pending dispute before the WTO concerning a European Community ( EC ) trade moratorium on LMOs and the implications of the dispute for the Cartagena Protocol. Finally, Part IV considers the significance of these disputes in understanding the relationship between the two treaties