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On The Precautionary Principle And Its Applicability In WTO Legal Framework

Posted on:2011-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y XieFull Text:PDF
GTID:2166360305975993Subject:International Law
Abstract/Summary:PDF Full Text Request
Precautionary principle is one of the most rapidly developed legal principles in the fields of international environment law over the past few decades. Its core idea is: Due to the environmental or health damage usually has the irreversible nature, so the possible environmental damage must be more cautious. Besides, as science itself is uncertain, science can not be as the sole criteria of risk assessment. So the precautionary principle requires people engaging in dangerous activities to prove that their behavior is friendly to the environment. At the same time it also requires the Government to do something to prevent damage from occurring in the case of insufficient scientific evidence.In the years of advocating free trade, the implementation of the precautionary principle was inevitable trade-related. Precautionary principle is being slowly infiltrated trade areas. And in this process, WTO has already dealt with a few cases relating with precautionary principle in the DSB.This article will try to explore the attitude of WTO concerning this principle and the position of precautionary principle in WTO laws through case analysis method. With the Biosafety Protocol coming into force, the provisions of the precautionary principle in Biosafety Protocol may be conflict with the WTO's SPS Agreement. This dissertation will be try to put forward feasible suggestions to resolve this conflict.This dissertation is divided into four parts:The first part is mainly about the origin, development, concept of precautionary principle as well as the attitude of each country. Besides, the dissertation will discuss the legal status of the precautionary principle.The second part will discuss attitude of WTO about this principle through the related trade disputes.The third part gives a brief introduction of the precautionary principle as well as the system built on the basis of this principle in Biosafety Protocol, and analyzes the conflict between precautionary principle in Biosafety Protocol and the WTO Law by using comparative method, and try to propose solutions to the conflict.The fourth part gives a reasonable prediction of the development trend of precautionary principle in international trade field, and analyzes the China'position to this principle.Through the above analysis, the dissertation then comes to a conclusion that, it is a trend to protect the public health and the environment; the precautionary principle will have a bright future in international trade field. Although the use of the precautionary principle may lead to trade protectionism, but this does not prevent its development in the field of international trade and can not deny the effect in the maintenance of public security. As for the adverse effects of Precautionary principle on trade, we can continue to study and to negotiate, and to set certain conditions and exceptions for its application.
Keywords/Search Tags:Precautionary Principle, WTO, Biosafety Protocol, Application
PDF Full Text Request
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