| The relation between trade and environment has made a vital subject under discussion in the new round of Doha negotiation of WTO. Environmental protection exception clauses of GATT/WTO is restrictive ones which admit exemption from obligations of party to GATT or member of WTO that take necessary trade restrictive measures for purpose of the domestic environmental protection. The primary objective of the WTO is not the protection of the environment,which bring about features and limitations of environmental clauses under the multilateral trade system Through interpretations of environmental protection exception clauses especially (b)and (g)of article XX of GATT in practice settling disputes about environment and trade ,the Disputes Settlement Body of WTO/GATT have set strict conditions for the application of them. These conditions include principle of non-discrimination including most favored nation treatment and national treatment, proper and transparent procedure, settling disputes by consultative means and preferential treatment of developing countries. Meanwhile there are some new trends about application of environmental exceptions including extra-territoriality validity of domestic environmental measures, taking international environmental agreements as interpretation source conditionally, new attitude towards criteria based on processes of production methods and permitting international environmental protection organization to take part in settling disputes .The application of environmental exceptions will be beset with difficulties because of transnational nature of environmental issue, ambiguity of environmental protection clauses and potential conflict between them and multilateral environmental agreements. The relationship between the rules of the international trade and the environmental exceptions can be reconciled by means of sustainable development idea, internalization of environment cost and integrating regulations by strengthening international cooperation. However, there are some obstacles which are beyond WTO coordination mechanism. The chief challenge is the improper green barriers constructed by developed countries through environmental protection exception clauses to China. There are some problems of insufficient inherent demand, being short of supply and ineffective enforcement of environmental law in face of green barriers. Taking enterprise and its product as center and taking interest leading as principle, this paper puts forward some positive legal countermeasures against green barriers from three aspects: making legal mechanism of internalization of environment cost perfect, developing eco-science technology by legal guide and ensuring eco-Industrial parks to build and develop by law and policy. |
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