This article attempts to decipher the reach of GATT article XI (1)'s reference to the term "restrictions" and offers some observations on whether that term might prove able to catch the kinds of GMO food product measures which have received consideration within the legislative circles of various GATT/WTO member states. When it comes to the range of measures that might be employed against GMO food products, a successful demonstration of an article XI (1) violation will depend upon proof that competition between products has been hindered or impaired. This essay indicates that GMO or other import measures disturbing the competitive relationship between foreign and domestic products rise to level of impermissible and prohibited "restrictions" under the GATT. Certain GMO food product measures might constitute impermissible "restrictions."
European Energy and Environmental Law Review