Conflict And Coordination Of Multilateral Environmental Agreements And Multilateral Trade Rules

In essence, the conflicts between multilateral environmental agreements (MEAs) and multilateral trade rules are the concentrated expression of the conflicts between environment and trade. The makers of MEAs hope to control trade harmful to the environment directly and effectively by environmental trade measures (ETMs) thereby promote to realize goals of MEAs. If trade is the main passing mechanism of environmental externalities or products are very harmful to environment, ETMs being adopted in MEAs become necessary and sustained. But implementing this kind of measures may constraint on free development of international trade and conflict with non-discrimination principle of multilateral trade rules. MEAs and multilateral trade rules are belong to two relatively independent branch of international law, each pursues predilection of respective systems and its own value goal, which brings about unharmony within inherent system of international law. There is no law or international agreement to regulate this at present.Once dispute is produced, the country involved and the dispute settlement organization may fall into a difficult position that no law is suitable for use, which is disadvantageous to settlement of disputes timely and effectively and perfection of the two multilateral systems. For coordinating the conflicts, we should analyze the conflicts in depth and choose the feasible solution path according to the objective reality of economical interests and asymmetric relationship between South and North. Before clarifying the interrelationship of MEAs and multilateral trade rules, we should establish ideas and thoughts of global governance to reach understanding and common consensus in the field of environment and trade, to draw up the harmonic and mutually. supportable environment policys and trade rules through extensively international negotiation and cooperation. Facing with more and more protrudent policy conflict in dealing with the problem of environment and trade under multilateral trade system and MEAs, how to coordinate the conflicts and realize sustainable development become unavoidable reality in China which is a big ecological and trading country. Therefore, it becomes necessary to discuss theoretically and has more realistic meaning in coordination of the conflicts between MEAs and multilateral trade rules, which have a profound influence on achieving the goals of improving the situation of environment under MEAs and developing free trade under WTO.This thesis consists of five parts as well as introduction and ending, discusses from the following several aspects:Firstly, the thesis introduces the background of the conflicts of MEAs and multilateral trade rules. The background of it reveals importance and complexity of this issue. This part expounds the background of the conflicts from origin and development of the issue of environment and trade, points out free trade and environmental protection are interdependent and influenced each other, at the same time are incompatible with each other, but two of them can be dialectically unified into the theory of sustainable development, thus establishes foundation for analyzing reconciliation of MEAs and multilateral trade rules the words that follow.Secondly, the thesis introduces ETMs in MEAs and environmental regulations in multilateral trade rules. This part introduces the definition, classification and features of ETMs as well as background of using ETMs in MEAs, pionts out ETMs are lawful to protect environment but unlawful under the multilateral trade system. Then introduces and evaluates environmental regulations in multilateral trade rules. Many of them are immature, general and rough, may encounter many troubles in practical operation. Defects of legal rules restrain seriously multilateral trade system from tackling the issue of trade and environment effectively.Thirdly, the thesis analyzes rhe conflicts of MEAs and multilateral trade rules. This part expounds expressions of the conflicts unfolding from three aspects, which are the conflict of substantive rules, the conflict of theory of treaty law and the conflict of dispute settlement mechanism. Then discusses the roots of the conflicts, points out the roots lie in different choice of the environment cost and unreasonable economic order.Fourthly, the thesis discusses how to settle the conflicts between MEAs and multilateral trade rules, comments the present ways of coordination including maintaining the present situation, exempting from obligation, settlement in advance and special agreement, points out these ways are the responses to latent conflicts between ETMs of MEAs and multilateral trade rules based on self-interest of each WTO member, which has a saving grace, on the other hand has obvious limitations. Subsequently the thesis discusses feasible countermeasures to the conflicts. Before clarifying the relationship of MEAs and multilateral trade rules, international cooperation on various gradations is very important.At last, the thesis brings up countermeasures of China. As a large developing country, China should positively participate in it, state clearly our own standpoint and attitude, actively participate in rule-making, strengthen deepgoing study of ETMs of MEAs and environmental articles in multilateral trade rules, in the meantime perfect internal relevant systems construction, develop the environmental protection industry actively, from this realize sustainable development of economy.