Cardozo Law Review de•novo
Volume
2024
First Page
64
Last Page
94
Publication Date
2024
Document Type
Article
Abstract
An international fight grows over corn. The United States claims that México’s ban on genetically modified (GMO) corn violates the United StatesMexico-Canada Agreement (USMCA). México prohibits GMO corn for human consumption. American arguments focus on Sanitary and Phytosanitary (SPS) measures, covered in Chapter 9 of the USMCA. A trade panel will review these.
This Essay first describes SPS arguments and relevant trade rules. The United States’ complaints emphasize that México’s ban is excessive, is not consistent with international standards, and mishandles risks. Second, the Essay identifies the obstacles American positions face: weak mandates and deference to México. Chapter 9 of the USMCA does not require conformity with international standards or risk assessments. Rather, it only requires that México consider these standards and risks. Plus, Chapter 9 defers to Mexico’s determinations on food safety, which are labelled the “appropriate level of protection” under USMCA and World Trade Organization (WTO) rules. The panel will defer to the level set by México and then evaluate American complaints on standards, trade restrictions, and risks. The upshot: the USMCA is not the clear free trade answer the United States seeks. Because of this, it should pursue resolution versus fruitless legal conflict.
Recommended Citation
Ernesto Hernández-López,
Corn War: A Trade Fight Between the United States and Mexico,
2024
Cardozo L. Rev. De-Novo
64
(2024).
Available at:
https://larc.cardozo.yu.edu/de-novo/104
Included in
Agriculture Law Commons, Comparative and Foreign Law Commons, Environmental Law Commons, International Trade Law Commons