Abstract
Various forms of information disclosure such as labelling requirements, hazard warning and prior informed consent are increasingly being used in the regulation of products that are traded across boundaries. In the context of GATT/WTO jurisprudence, in particular, informational mechanisms are seen as more likely to survive challenge than more traditional regulatory methods such as export and import bans. Even then, there may be legal problems, especially where information requirements relate to production methods as well as to the products themselves. There are a number of distinct normative justifications for information disclosure including the right to make an informed choice, the need to secure consumer trust, the avoidance of market failure and the right to know. But these are difficult and contested concepts. The current debate concerning EU requirements for the labelling of Genetically Modified products provides a compelling example of different models at play, which can as a result cause confusion and dissatisfaction amongst different interest groups. Much greater clarification of the justifications for information disclosure is required if their effectiveness as a technique for controlling trade product risks is to be properly assessed.