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Legal Harmonization Between International Trade And Environmental Protection

Posted on:2005-02-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:H R LiuFull Text:PDF
GTID:1116360125465661Subject:Environmental Science
Abstract/Summary:PDF Full Text Request
With the expansion of economic globalization and the development of international trade, global resource crisis and environmental pollution increasingly deteriorate, and the conflict between international trade-and environmental protection thus become severe. Under this context, the relationship between international trade and environmental protection has turned into one of the most important issues to which international organizations pay attention in 21st century. At the same time, increasingly more international trade debates caused by environmental problems and environmental deteriorations incurred by blindly developing international trade have attracted more and more attention from World Trade Organization (WTO) and other international organizations.The close relationship between trade and environment is built on economic globalization, free trade and sustainable development, the three main bases. Trade and environment, which both connect and conflict with each other, have aroused the interest of the scholars of all over the world to have researches on them from different angles. However, due to the excessive development of free trade and the improper intervention of policies in trade, the conflicts become real. Currently, their relationship especially demonstrates the aspect of conflicts. Rather than shy away, we should try to find reasonable means and combination point to solve it.By empirically analyzing the cases practiced by Multi-Trade System(MTS), Multi-Environmental Agreement(MEA) and famous international trade organizations, the author has researches on the theories of international trade, international invest theories and environmental economy. On this basis, the author put forward her own opinion. In author's opinion, with decades reformation and development, multi-trade organization and multi-environmental agreement gradually tend towards mature. Influenced by mutual handicap of trade and environment, multi-trade organizaion and environmental protection are both considered and admit for each other. But so far two kinds of system still do not put forward satisfied resolvent about international trade and environmental protection.What's the reason of appearing this situation?We shouldsearch the seed from hereinafter three sides: first, we should analyse fashionable theoretics in the period of existing and developing of MTS and environmental protection system, and then to find instuctional thought that influencing the establishment of two kinds of system ; second, we should know that how to prescribe international trade and environmental protection by two kinds of system and interrelated organization, third, we should see that how to solve the dissension arising from the conflict of international trade and environmental protection.Through the analysis of the above theory, ontology analysis and cases studies analysis over the two system, the author has discovered that MTS is always working under the frame of free trade liberalization. Although MTS has added some environmental protection factor for conforming to the international tide of environmental protection and has improved the trade system, but it does not and doesn't want to deviate from the developing orbit. Although the multi- environmental agreement has made some fruits over dealing with the conflicts between trade and environment, just as the case of setting up the principle of Polluter Pay the Money" and" The Common but Difference Liability", but also has a series of limits and inadequate in function, means and the final target. Radically, there are conflicts and contradictions which are hard to be closed on moral tropism,basic principle and system design between the multi-trade system and multi-environment agreement.So proper improvement of nowadays MTS and MEA can only mitigate the conflicts between them ,but can not solve the contradictions radically. Still, we should not give up seeking realistic system of solving problem. There are three factors should be imbibed at the time of designing the future realistic law system, that is t...
Keywords/Search Tags:Trade, Environment, Legal Harmonization, Internalization of Environmental Cost
PDF Full Text Request
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