A Study Of The Necessity Test In The Environmental Exception Clauses Of GATT

Along with the global recognition of the relationship between trade and environment, the importance of the so called environmental clauses, GATT XX (b) and (g), has been rising. However, the ambiguity of the wording has brought difficulties in understanding and application of the two clauses. Many disputes have arisen from the interpretation of some keywords, especially the word"necessary"in GATT XX (b). The interpretation of the word"necessary"is in practice vital for contracting parties to apply GATT XX (b), and therefore, it is worth of study.The study of the"necessity"test depends on the interpretation to treaties. A brief introduction is, in the first place, made to the rules for WTO treaty interpretation. And then, it is focused on relevant cases since GATT throughout WTO, analysis to the standard in all stages of GATT/WTO, the establishment and development, and problems of the necessity test. At last, a study has been made on"necessity"in terms of four elements prescribed in treaty interpretation rules, with significance on some elements lacking adequate application or recognition in the practice of dispute settlement; and the discussion comes to, from the perspective of relationship between GATT XX (b) and (g), a possible problem from the application of treaty interpretation rules.