Consequently, uncertainty remains on how to manage a conflict about the links between the WTO rules and the Protocol. On the other hand, the WTO's SPS agreement mentions that no disposal of the present agreement will challenge the rights members hold from other international agreements, including the right to appeal to the good offices and conflict settlement mechanisms of other international organizations, or established in the frame of any international agreement. At first site, conflicts should not occur. Besides, according to the Lex specialis principle of the international law, recognized by the WTO, the Biosafety Protocol clauses, being more specialized, should prevail over the WTO rules. However, as long as there is no jurisprudence, each party builds its own interpretation of the agreements.
Several scenarios are envisaged.
In that case, the WTO would then prevail over the MEAs, which is not unanimously agreed. According to the ex ante approach, there are two possible options. The second option plans non-mandatory mechanisms such as drawing up a list of criteria the MEAs' trading clauses should respect in order to match the WTO rules. In that case, remains the risk to set up more or less vague criteria, which interpretation may raise discussions. Among the other proposals, one of them is particularly interesting and is defended by several NGOs.