(Page 2 of 24) - Ecologic Approach to the Institutional Interplay of Biosafety authored by Oberth�r, Sebastian. and Gehring, Thomas.

Oberthür/Gehring

While the conceptual development of the field of institutional interaction is still evolv-
ing, studies on the relationship between the WTO and the Cartagena Protocol have
hardly been based on elaborate concepts of institutional interaction. On the one hand,
the research on institutional interaction has produced few encompassing concepts that
could be used as a framework for the empirical investigation of particular cases. While a
number of useful distinctions have been introduced (Young 1996; Young et al. 1999;
Young 2002), few efforts have been made to enlighten the causal mechanisms of how
institutional interaction comes about (but see Stokke, 2001a and b). On the other hand,
existing studies on the relationship between the Cartagena Protocol and the WTO have
so far focused either on the clarification of this relationship in the negotiations on the
Cartagena Protocol or on the analysis of the scope for inconsistency between both sets
of norms and rules (e.g. see contributions in Bail et al., 2002; Adler, 2000; Burgiel,
2002; Eggers and Mackenzie, 2000; Rivera-Torres, 2003; Safrin, 2000b).

Against this background, we offer an encompassing conceptual framework for analys-
ing empirical cases of institutional interaction and their governance conditions. This
conceptual framework rests on two pillars. First, we suggest that the analysis of institu-
tional interaction should best start from clearly identified cases of interaction involving
two institutions connected by one causal relationship. Second, we introduce a number of
distinct causal mechanisms and subtypes of these mechanisms that are characterised by
distinct causal pathways and different governance conditions. We submit that any case
of institutional interaction may follow one of these causal mechanisms (section 2).

We then apply this conceptual framework to the interaction between the international
biosafety regime and the WTO regarding the regulation of international trade in geneti-
cally modified organisms (GMOs). For this purpose, we disaggregate the overall inter-
action into separate instances of inter-institutional influence. These cases of interaction
are generally related to the competition between both institutions over regulatory au-
thority and thus follow a common causal mechanism driven by anticipated and actual
commitments of parties under both institutions (interaction through commitment). The
cases of interaction are driven by the diverging objectives of the WTO and the biosafety
regime as pursued by different groups of countries and policy communities, as well as
by the interest of states parties to both agreements to avoid inconsistent commitments.
While each of the institutions involved has had a disruptive influence on the other side
by restricting its room for regulatory activity, an overall jurisdictional delimitation has
been achieved that leaves limited room for conflict in the implementation of both re-
gimes (section 3).

On the basis of this analysis, we are able to examine the possible future evolution of the
relationship between both regimes and explore some policy implications. While both
regimes will inevitably interact at the implementation level when states regulate trade in
GMOs, it is uncertain whether any of the two regimes will develop further relevant
rules. The existence of the Cartagena Protocol would strengthen biosafety interests in
discussions in the WTO, which may still be insufficient to achieve the acknowledge-
ment of the Protocol under the WTO. Under these circumstances, further jurisdictional
delimitation may occur by judicial decision-making if national regulations of trade in