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Study Of Wto-related Environmental Measures And Market Access Legal Issues

Posted on:2005-10-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Q ZhuFull Text:PDF
GTID:1116360122466870Subject:Uncategorised
Abstract/Summary:PDF Full Text Request
Environmental protection is necessary for the living and development of mankind. It is also an important manifestation of one country's economic sovereignty. The theme of this dissertation is, in the legal framework of WTO, how to minimize the negative impact of environmental protection measures on free trade system, and how to realize a balance between the right of environmental protection of importing country and the right of market access of exporting products.This dissertation consists of five chapters.Chapter 1 reviews the relation between environment and trade. On the one hand, environmental protection measures taken by individual country will bring unfavorable effect on the market access of foreign products, especially those products from developing countries. Thus, the debate on green barrier is arisen. From the perspective of the motives of importing countries, green barrier can be divided into two categories, i.e. legal and illegal. On the other hand, when there are some mistakes in the policy adjustment on the level of an individual government or on the international level, free trade will also bring negative impact on environmental protection. This Chapter points out that poverty is the root of the environmental issues faced by developing countries. Coordination and harmonization between environment and trade can be realized within the framework of sustainable development strategy. Therefore, it's necessary to assure the market access of products from developing countries, in order to realize the sustainable development of developing countries' economy and society. In the framework of WTO, it will help to reduce the negative influence of environmental measures on free trade if we emphasize and uphold the principle of non-discrimination, principle of minimizing restrictions on trade, principle of transparency and principle of special and differential treatment to developing countries.Chapter 2 probes into the legal issues relevant to the application of Section band Section g of Article XX of GATT 1994. According to these two sections, WTO members are entitled to "the right of environmental protection as an exception". Therefore, they can freely take environmental protection measures, even some measures that may limit the market access of relevant products. On the one hand, such a right of environmental protection as an exception is an important reflection of a member's economic sovereignty. But on the other hand, in practice, GATT/WTO dispute settlement body sets strict limitations on the members when they are exercising such a right. It's difficult for the measure at issue taken by a complained party to pass through the complicated reviews under Sections b and/or g and the chapeau of Article XX. To date, the situation where the extraterritorial effect of Sections b and g is recognized is only confined to the situation of personal jurisdiction.Chapter 3 analyzes the issue concerning the standard of product's processes and production methods (PPMs). GATT/WTO dispute settlement body doesn't uphold the position to take PPMs standard as one standard in defining"like product".However,since product's PPMs may bring disadvantageous impact on the environment of the producing country and even of the whole earth, to legalize the trade limitation measures based on the PPMs standard through the application of Sections b and/or g of Article XX is one way that will satisfy both sides. The reasons are as follows. First, the application of Article XX is confined to strict conditions so as to prevent the importing country from abusing the PPMs standard to limit free trade. Second, dispute settlement body encourages the implementation of the limitation measure on the bilateral or multilateral basis so as to reduce the side-effect aroused by the unilateral measure based on the PPMs standard. What's more, the Non-Product-Related PPMs (NPR-PPMs) standard is not covered by the Agreement on Technical Barriers to Trade (TBT).Chapter 4 elaborates the legal issue of eco-labeling. The Eco-labeling scheme of in...
Keywords/Search Tags:Market Access, Environmental Measure, Legal Issue
PDF Full Text Request
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