The Research On The Legitimate And Reasonable Standard Of The Environmental Exception Measure Under WTO

With the fact that environmental protection becomes the worldwide current along with free trade gradually, the largest trade organization WTO have taken environment into consideration and stipulated the environmental exception regulation to harmonize trade and environment. When one member adopts environment exception measure, we need to judge that measure is reasonable and legitimate or not by some standard which includes the legitimacy standard and the rationality standard. The legitimacy standard is what WTO should develop on the basis of inspecting the relevant regulations of EAFTA and European Union.That WTO environment exception regulation is regulation system giving first place to in the WTO basic principle mainly including GATT general environment exception clause and TBT, SPS, and so on. These regulations are abstract and principle. So we should make clear the meanings of some key words when the measure is taken.This thesis analyzes these words deeply, generalizes the conditions which should be satisfied when one state wants to take measure. And then, it have pointed out the developing trend of WTO environment exception regulation system: Attach importance to the environmental protection value and begin to show solicitude for special and difference treatment principle.The deficiency that WTO exists in environment exception regulation system is: Definition and unitarity are insufficient; The condition of environmental exception is too harsh to protect environment; Lack sufficient consider of the special and difference treatment principle.There are some rational factors in European Union and NAFTA: adopting proportion principle to coordinate trade and environment; putting multilateral environment agreement limitedly; protecting environment in a wider scope; ruling the coordination between transnational investment and environment; member can be in different environment-protection level. These factors can divided to two groups: first, paying more attention to environment compared to WTO; second, paying more attention to difference treatment principle compared to WTO. So WTO can improve itself by: adopting proportion principle; adopting special and difference treatment principle, and so on.China is a member of WTO after 2001. However, our domestic environment exception regulation still has distance from WTO regulation. For example, environment exception clauses in "Foreign Trade Law " are disperse and different from WTO clause; Environmental standard is too low to provide basis for China to face or take environment exception measure.Therefore, China ought to improve it's environment exception regulations according to WTO regulations to provide the law basis to take or face environment exception measure. First, we should adjust the direction of our environment exceptional rule according to non-discrimination principle and transparency principle of WTO; Next, improve environment exceptional rule in "Foreign trade Law"; Third, improve related articles in " Import and Export Phytosanitary Law"; Finally, establish and improve environmental protection standard, the technology standard and the environment symbol system.