Conflict And Coordination Between Multilateral Environmental Agreements And Multilateral Trade System

Multilateral environmental agreements(MEAs) and Multilateral trade system(MTS) nowadays have deep conflict, which is basis on fundamental theory and particular system. We should recognize, free trade and environmental protection, all of them are necessary, which is used to realizing sustained development mankind society. But it has contradiction between each other, which became a barrier, they can not bring into play their function. So we must find how to solve these problems. For making the target come true, we should deep into contradiction of surface form and source, choosing the viable solution path on the basis of require of fact. Seeing from another side, the contradiction between MEAs and MTS is also a conflict between developing country and developed country. How to solve this conflict relates benefit dispute between developing country and developed country. Therefore, when solute contradiction between MEAs and MTS,we must insist responsibility principle that "common but difference", giving the developing country preferential policy. The whole text includes three parts and preface, remarks, more then forty thousand words. The preface introduces the background of period, and the conflict between MEAs and MTS how to come from. It draw forth, the relationship of environment and trade show as the relationship of MEAs and MET, in international economic order, which is show as conflict between each other. The conflict between MEAs and MTS, which is not use form of conflict between members submit to adjudicate organization to resolve. But it has already take every country seriously. Although WTO is deciding to launch a new multilateral talk, which is about Environment and trade, it impeded by the fail of Mexico conference 。Developing country should participate actively in a new environment and trade negotiations, with a guided of sustained development theory, insisting "common but difference"principle, sticking up for own legal rights actively, setting up own green trade system. The text divides three parts: The first part-MEAs and MTS mind a problem of trade and environment. Beginning with trade and environment problem, analyzed the relation of free trade and environmental protection, introducing the different standpoint on environment and trade, which is hold by free trade doctrine and environmental protection doctrine. Then, from the conception of Trade Related Environment Measures (TREMs) and Environment Related Trade Measures(ERTMs),author consider that using ERTMs are better than TREMs. Immediately, analyzing the legitimacy of ERTMs, and making clear the different variety of ERTMs in MEAs. Generally speaking, between each member of MEAs uses particular measures, unparticular measures and ambiguous areas, which are relative active measures have not big dispute, the problem main come from the member of MEAs adopt limit trade measures to other country, then maybe violate international duty. MTS also consider that the important of environment and trade problems, and primarily use the exception clause to arranging to environmental protection. As the environmental protection begin all over the world, MTS consider that ETMs in MEAS is very important, and founded trade and environment committee, it is be used to researching relationship between MEAs and itself. WTO begin new talk on trade and environment at new round。but it blocked by failure of Mexico conference。Because of development country like limit trade agreements, and discuss in MTS is very closed, international environmental protection organization and non-government that can not participate, which is let a relationship more ambiguous. The second Part is about the conflict of MEAs and MTS. First, release the manifestation of the conflict of MEAs and MTS. Their main principle conflict is contradiction between ETMs in MEAs and conflict of most favoured nation treatment, national treatment principle, elimination of quantitative restrictions principle in ETS. The member of MEAs and MTS haven't this kind of conflict, during to basic principle of "latter legal better than earlier method, special legal better than common legal",and the MTS, we can easy to resolve conflict. Member of MEAs who also be member of MTS, with the other member have conflict on most favoured nation treatment, national treatment principle, elimination of quantitative restrictions principle. On the concretize problem, they it also existed many rift. MEAs and environmental exceptions in MTS have different view. On the recognize of "essential", "relevant", "may run out nature resources", MEAs consider that be partial to extended explain of environmental protection. The product-related processing and product method is in MTS. The non-product-related processing and product method is in MEAs. From the perspective of international law, conflicts of MEAs and MTS focus on the competing jurisdiction and the incompatibility of rules. Secondly, from the angle that the economics discussed of MEAs and MTS the source for self-contradictly with the international situation. Point out conflict of the source consist in two to the different choice of the environment costthat international economic old order, which is main reason. The third part-Coordination of MEAs and MTS. In this part, suggestions about coordination are reviewed at first. Then the author explores the ways of coordination on the basis of analyzing the respective disputes settlement system of the two treaties, and tries to examine the application of methods about principles of coordination on treaties. It seems that before new agreements be concluded, emphasizing narrow definition of treaty conflicts, taking MEAs into reasonable consideration when MTS making a decision, are all active and available measures of coordination. The MTS and ERTMs have not reached coordination yet, while China also suffered from the increased ERTMs. We could find some methods from two aspects: first, in international side, we should always take the standpoint of developing countries'in WTO new round "trade and environment"negotiation, and make multilateral cooperation in international environment field against "green trade protectionism ". Second, in domestic side, we should make a reformation of domestic present ERTMs, facilitate environmental industry, make environmental sign system perfection and promote ISO14000 wider used in our industry. Ending. It's a brief conclusion of the former three parts and prospects for coordination. At present, it is still hard to estimate when the final coordination would reach, however, multilateral cooperation both in field of international environment and international trade becomes more prosperous, the whole world are sticking on trying to resolve all problems concerning trade and environment. All of these are encouraging. Being the largest developing country, we have the confidence and capability to participate in the great international project and try our best to do it.