It seems to me that there are at least four issues here, that are best kept
separate. First is the question of what environmental requirements a country
can impose on food imports. Here, current GATT principles being carried over
to WTO seem fairly clear that a country cannot use an import regulation to
force another country to implement environmental regulations; the principle is
that environmental regulations must be considered on their own terms (e.g.,
the convention on trade in endangered species).
Second is the question of what health requirements a country can impose on
food imports. Current GATT principles being implemented in WTO organization
are clear that a country can impose health and safety regulations that have
significant scientific support. These regulations may protect either human
health, the health of agricultural crops or animals, or the safety of the
environment of the importing country.
Third is the question of what labeling information an importing country can
require. To the best of my knowledge, this question is totally unresolved;
what speculation I have seen is that the resolution of the question will turn
on whether the collection and inclusion of the labeling information would
impose a restraint of trade (for example, conducting expensive tests to
certify that a chemical is below detectable levels, or establishing a
monitoring network to certify that no banned pesticides were used in the
production of the commodity).
Fourth is the question of what health and safety requirements and/or labeling
information consumers can demand. Again to the best of my knowledge this
question has not been resolved. What speculation I have seen is that WTO will
have no basis for regulating non-governmental actors; the function of WTO is
to regulate national governments in their actions that affect international
trade. If a strong consumer movement in an importing country can effectively
persuade the firms that import tea (for example) to that country, to import
only organically grown tea, and/or to label tea boxes with the method of
production used to produce the tea, that is not a governmental action in
restraint of trade. The risk for the importing firms is that some other
international trader could start importing tea to that country, that was not
organically produced and/or labeled with production method, and the government
could not interfere with their entry to the market. The risk to that new
entrant is that, if the consumer movement really is strong, few consumers will
buy their tea.
craig k harris
dept of sociology michigan state university east lansing michigan
48824-1111
tel: 517-355-5048 fax: 517-432-2856