Application of WTO’s Process-Production Method Jurisprudence to Biosecurity Measures Opi Outhwaite and Robert Black Biosecurity Law & Regulation Unit Department of Law, University of Greenwich Old Royal Naval College, Park Row Greenwich SE10 9LS, United Kingdom O.M.Outhwaite@gre.ac.uk Abstract Trade-related environmental measures include action taken by importing countries to restrict the trade in certain goods because their process and production methods (PPMs) are considered to damage the environment where they originate. Several disputes have been initiated within the forum of the World Trade Organisation (WTO) because of exporting countries’ claims that these measures unjustifiably distort trade. Such claims have mostly been upheld in rulings handed down in the course of WTO dispute settlement. WTO jurisprudence on PPMs has largely centred on extra-territorial (ET) measures (e.g. tuna- dolphin, shrimp-turtle). There has been less emphasis on measures taken to protect the environment of the importing country, which is the focus of this paper. PPM measures are examined under the umbrella concept of Biosecurity, viz. the protection of the human, animal and plant health and the environment from harmful imported influences (biological or chemical). The distinctions drawn between product and non-product PPMs and the concept of like versus unlike products are applicable to Biosecurity measures in general. Furthermore, the analysis of restrictions on the importation of genetically modified organisms (GMOs) or their products benefits from this approach when two additional elements of the GMO debate are examined. First it is necessary to look at the entire GMO process as a chain, starting with GMOs in the country of origin and ending with the potential production of GM food products in the importing country (in this case the EU). Second, trade aspects of GMOs involve both the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT). Introduction The World Trade Organisation (WTO) came into being in 1995 with the overriding objective of helping trade flow smoothly, freely and predictably by administering