The Applied Reaserch Of Environmental Exception Clause Of Article 20 Of GATT

Because of the global environmental problem, the increasing demand to protect the environment exerts a direct impact on the GATT/WTO multilateral trade mechanism. So there are lots of environmental related clauses in the GATT/WTO legal system, which allow the members to carry out restriction meeting certain conditions to violate the principles of multilateral trade mechanism for purpose of environmental protection.(b) and (g) items of the 20th article of the GATT1994 is the closest concerning clause to the environment protection, so are called environmental exception clause.GATT/WTO disputes settlement body sets strict conditions in practices through interpretation of the environmental exception clauses. But the transnational environmental problems and vague in the clause make it difficult to apply the clause. In the GATT/WTO trade disputes, the environmental exception clause was concerned. So it seems meaningful to study the clause in order to keep balance between free trade and environmental protection. This paper contains three parts as the following:Part one places extra emphasis on academic analysis in the clause, which analyzes the procedural and substantial conditions on the basis of applicable purpose. It is essential to set restriction to application of the clause to avoid abuse. The restriction includes most favored nation treatment, national treatment, procedural fair & transparent, necessity, dispute settlement by consulting and preferential treatment for developing countries.Part two emphasizes on analysis and comment on the typical cases in WTO period and illuminates the true meaning and variance in the clause and application principles in practice and discuss the trend in the future.Part three surveys the basis of environmental exception clause by visual angle of jurisprudence, analyzes the value of the clause and draws the conclusion: keeping the balance between free trade and environmental protection is the core value of the clause. With the purpose to make creative contribution to practices in our country, the paper suggests suitable attitudes to the green barrier coming from the environmental exception clause and makes studies in settlement of related cases in our future.