The Value, The Way And China's Countermeasure Of GATT's Environmental Protection Exceptional Clauses

There is widely divergent economical background among member nations of the WTO. Considering different member nation' special benefit, WTO has numerous extra-regulation. The Environmental protection exceptional clause is one of them which contents the item 20(b), item (g) and the foreword. It admit the validity of domestic Environmental policy within individual nations. From the 20th century 60's, the humanity gradually realized to adverse effect on the Environment by the trade. Many nations repeatedly applied the Environmental protection exceptional clauses protect their domestic environment. However, the right measure of environmental protection and trade protectionism are so difficult to distinguish.This article mainly divides into four parts:The first part makes introduction to the environmental protection exceptional clauses. In this part, it mainly introduced the content of this provision, reviewed the history of it and analyzed the relationship between this provision and the SPS and the TBT agreement.The second part analyzed the value of Environmental protection exceptional clauses, which is for coordinating conflict between the trade and the environment. The trade liberalization mainly produces environment problems, but too much attention on environment may give excuse for protectionism, thus restrict the development of trade liberalization. Conflict between the environment and the trade is unceasing. Thereupon the GATT environmental protecttion exceptional clause started its' balance function.The third part analyzes the way of the Environmental protection exceptional clauses and observes the tendency of it by introducing related cases which WTO solved. In different period, the panel and the appeal have different manners to the case. From the transformation of conception, from the more easily applying conditions of the Environmental protection exceptional clause and the allowing of extraterritoriality to certain extent, we can know that the Environmental protection exceptional clause comes to more and more favoring the environmental protection. And yet, the Environmentalprotection exceptional clauses becomes giving more special attention on developing nations.The fourth part has mainly discussed application for the Environmental protection exceptional clauses by China. Many developing nations including China are not good at applying the WTO extra-regulation. This situation is disadvantageous to restrain "the new trade protectionism" and is disadvantageous to economical development of developing nations also. Regarding this, we must bring enough attention. We should counter-attack other nations which aimed at placing restrictions on China's products. Also we had better establish legitimate green barrier on trade rest on the environmental protection exceptional clauses and consummate "Foreign Trade Law" of China by drawing lesson from this provision.