Study On The Legal Problems Of Trade Liberalization And Environment Protect Under The Frame Of WTO

In the frame of WTO, GATT as the former of WTO did not focus on the environment problem originally. But until now, the researches on environment problem and sustainable development become one of the mainstream works. At present WTO has established The Committee on Trade and Environment—CTE, which has broad base and covers all areas of multilateral trade system, to deal specially with all problems of the relationship of trade and environmental policy.With the unification of the world market and the increasing progress of the understanding ability of the environmental hurt from market movement, the conflicts between trade and environment appear. Firstly, this paper finds the reasons of the conflicts between trade and environment under the frame of WTO, i.e. the vague expression to the environment protect article of WTO agreements and flexible provision of the WTO provisions on environment protect. Secondly, this paper states the impacts of environment on the basic principle of WTO, then simply enumerates and analyses the legal provisions that regulate environment protect under the frame of WTO, and clarifies that these provisions cannot satisfy the need of environment protect, subsequently analyses in detail flaws of legal provisions regulating environment protect under the frame of WTO. Finally, this paper advances flaws and prospect that WTO harmonizes free trade and environment protect and China's Countermeasures in the face of the green WTO.