Analysis On The Legal Status Of NPR-PPM In The WTO System

Process and Production Methods (PPM) are the subject of one of the most knotty controversies in the debate over the"trade and environment". The central disagreement is whether the rules of the GATT/WTO permit imposing trade measures based on the environmental PPM in certain circumstances.This thesis will focus on the legal status of unilateral trade measures based on the PPM under the WTO framework. Specifically, it will focus on non-product-related PPM(NPR-PPM), as product-related PPM(PR-PPM) are already dealt with in the TBT Agreement and the SPS Agreement. Recognizing the correct legal status of PPM is in some degree a precondition to achieving the reconciliation between the trade and environment in the WTO. WTO members will also be able to adjust their polices to meet the requirements of the WTO to gain certain environmental goals.Except the preface and the conclusion, the thesis consists of three chapters.Being the background of the thesis, chapter one will address why the PPM comes into being, how it related to international trade and the main types of trade measures that based on PPM. Then it will draw heavily upon OECD PPM paper's classification, especially that of the NPR-PPM.Chapter two is the major part of the thesis. Exploring the method of case-analysis, it will carefully examine the pertinent parts of the reports of the panel and appellate body in the cases below, that is: Tuna I and II cases during GATT period and US-Shrimp case in WTO. By doing this, the author would reach the conclusion that the legitimacy of NPR-PPM has already got judicial adoption in WTO.In chapter three, the author would point out that the most appropriate way to resolve NPR-PPM in WTO is to regulate it through legislation. It will first address the necessity of legalizing NPR-PPM in order to remove the anxiety over it. The author will also try to choose the appropriate way to legalize NPR-PPM in WTO and advise the proper legislation.