On The Legal Conflicts And Coordinations Between Trade And Environment In WTO System

For more than half a century,the WTO multilateral trade system has promoted the international trade to develop rapidly, and has facilitated the global economy to grow rapidly. At the same time, it has brought about the global environment pressure which is unprecedented. The trade freedom and the environmental protection have obtained widespread supports in the international law field, which causes these irrelevant domains' more closely related. With the conflict between the trade and the environment getting more and more severely, effective measures must be taken to regulate it, otherwise the handicap between them would affect their developments. However, the trade freedom and the environmental protection are not incompatible, as is considered by the theorists of the two fields . And both of them are the aims that human society want to reach. Under the sustainable development theory's guidance, all the governments and the international organizations are thying to strik a balance between trade and environmental development.Trade and the environment involvs many fields. This article chooses the conflict between trade and environment in the legal stratification as the breakthrough point, and puts forward the methods of settling the contradictions based on excavating the reflections and the causes of legal conflicts between them, and puts forward the correlationally constructive legislation proposal for research goal and finaly tries to form a integrated research system on the theory and the practice. This article is composed of four chapters.The first chapter mainly reviews the development history of the trade's development and the environment's legal regulations under the WTO system. The negotiation subject's background and relative contents of trade and the environment of the Doha Developed Round are also introduced. The future prospect of trade and the environment's subject in the WTO has been forecasted while evaluating the Doha Round .In the second chapter, examples of trade-related environmental measures in WTO syestem are listed one by one, and the conflicts between the TREMs and WTO's basic principle is discussed comprehensively, then the reasons of conflicts are analyzed from two aspects through the typical cases'demonstrating.In the third chapter, firstly, the relationship between the TREMs of WTO and the ETRMs of MEAs is introduced briefly, secondly, the classification of the ETRMs of MEAs are illustrated. The reasons from which the conflicts arise are obtained after excavating thoroughly the reflections of the conflicts between the ETRMs of MEAs and WTO's system from three aspects.In the forth chapter, the necessity and feasibility to coordinate the trade and environment legally is discussed on the basis of the former chapers. This chapter also forcasts the future situation of the legal coordination of the two conflicts under the WTO system. It also probes into the legal coordination methods on which people have various opinions, and hence finds feasible and comprehensive legal coordination methods.