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Research On Environmental Exception Clause Of Article XX Of GATT

Posted on:2006-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhuFull Text:PDF
GTID:2166360182961462Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Article 20 (b) and (g) of GATT is considered as the closest clause to the environmental protection, they are called the exception clauses of environmental protection together with the chapeau of article 20。 On one hand, the exception clauses of environmental protection allow the members of WTO to take trade measures which don' t obey the obligations WTO for the purpose of environmental protection, which is good to protect the earth' s environment; but on the other hand, because of this clause' s characteristic and its shortcomings in law, it because a legal excuse for some countries to settle trade barriers。 So the Dispute Settlement Body of WTO and GATT explained and clarified this clause in some cases。 These 'explanations developed the clause, limited many kinds of activities of abusing the clause, and have positive meanings to the international trade。 This thesis begins with the exception clauses of environmental protection in the multi-parties trade system , combines with the explanations made by the Dispute Settlement Body, analyse the purpose, meaning, application requirements and shortcomings in law of the clause, and on the base of our nation' s current realties, discusses the future of the clause, advances how to understand the exception clauses of environmental protection, so as to work out effective ways to protect our nation' s economic rights and environment.
Keywords/Search Tags:the exception clauses of environmental protection, application requirements, the future of the clause, ways
PDF Full Text Request
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