The Relationship Between Trade And Environment Under The Framework Of International Law

This article mainly addresses the relationship between the int'l trade and environment. In chapter I, it points out that trade is a double-edge sword as to environment protection. It introduces the positive effect and negative effect on environment brought by trade. It discusses the impact of environment on trade liberalization by listing the forms of trade barriers. Thereafter it points out that although there are some conflicts, trade is consistent with environment in terms of their fundamental purpose. Therefore to be sure some ways can be worked out to address such conflicts. The essence of such relationship is the paradox between developed countries and developing countries. In Chapter II, some analysis was put to introduce the form of environmental unilateralism. It points out that although the motivation for environment protection could justify the establishment of unilateral trade restrictions, the political reason is the bulk. By listing the various forms of trade barriers, combined with the "Danish bottle" case, this chapter tries to distinguish trade barriers for environment protection against others trade barriers. Chapter III is devoted to reconcile WTO rules and MEAs. Firstly, it discusses trade restriction provisions of some MEAs, and doubt was cast upon the trade sanction that was supposed to be the core measure for the implement of such MEAs. Then challenges brought by MEAs against WTO rules. To address such issue, one-way is to set priority among the application of MEAs or WTO. Another way is to interpret Art XX of GATT by analyzing cases brought to DSU. The writer's opinion is that save "environment" from the exception status of WTO, and let environment protection listed among the goal of WTO. Also this article discusses trade related provisions of other WTO rules such as Trips, TBT and SPS. As to DSU mechanism, suggestions is put forward in terms of transparency and larger extent of NGO's participation. This article mentions that WTO should clearly define its role against being confused with WHO. Chapter V introduces the example of reconcile trade with environment as a result of territorial cooperation: EU and NAFTA. By citing cases such as "Scottish Red Grouse", the relationship of Art.30 and Art.36 of Rome Conventions was cleared. And proportionality test was specially mentioned. In the part of NAFTA, its relationship with MEAs and its impact on WTO was also discussed. Chapter VI discusses the bilateral cooperation to reconcile trade with environment.Chapter VII discusses the challenges, which comes with China's Accession into WTO. This article suggests improving current environment standards and realizing the public participation to more extent.