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Thus, when the conflict between the Cartagena Protocol and the SPS Agreement arises on trans-boundary movement of LMOs, it does not only create the question of treaty interpretation, such as which of the two agreements prevails, but also triggers the question of jurisdiction since the WTO dispute settlement only has the jurisdiction over the covered Agreements in the WTO. Hence, it seems that there is no possibility of enforcing the PP under the Cartagena Protocol when it conflicts with the SPS Agreement if the Panel and the AB do not interpret the provisions of the SPS Agreement in the context of the Cartagena Protocol. Consequently, the application of PP in the Cartagena Protocol will be hopeless, if there is no willingness and comprehensive interpretation of the DSB when a dispute is brought before the DSB.Nevertheless, it is challenging to figure out and to harmonize the application of the two agreements, because each of them has different objectives, scope and jurisdiction. On the other hand, the theory of treaty interpretation in the Vienna Convention on Law of Treaties does not apparently solve the conflicts. It may be a step to the right direction if the dispute resolution understanding of the WTO recognizes the Cartagena Protocol, which is one of MEAs. Nevertheless, it will be very difficult to amend the Dispute Resolution Understanding to give way MEAs in WTO’s covered Agreements. Thus, in order to comprehend the implementation of PP under the SPS Agreement in the WTO dispute settlements, the next chapter discusses the implementation of PP under the SPS Agreement in the WTO dispute settlements.In international trade, states should follow the international standards of safety measures based on risk assessment by conducting repeated lab-testing and field-testing. Nobody, individual scientists and companies, should engage themselves in developing GMOs for the sake of short-term economic gain or name and fame. They should give priority to the PP provisions contained in the Cartagena Protocol.Above all, we have noticed that there are two different international legal instruments, having provisions for magnitude of applicability of the PP, made to serve two different purposes. The one, which facilitates international trade, prescribes a weak precautionary measure; on the contrary, the one, which serves the purpose of conservation of the environment, prescribes a strong precautionary measure. In the midst of the two extremes, we should look at the facts on the ground. If in a country people are starving and there is a pressing need to supply food to them, the soft precaution should be applied. On the contrary, if the movement on GMOs is simply a matter of trade, the hard precaution should be applied, because only by that we can ensure “human, animal and plant life and health” and conserve the environment. This is a comprehensive approach opposed to the doctrine of fragmentation of International Law.
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