Wto System Of Green Trade Barriers Identified

In the context of WTO's important role in the global environmental governance and China's regular encountering of so called green trade barriers, this dissertation sets out WTO rules relevant to green trade measures, in particularly, Article XX of the General Agreement on Tariff and Trade, which is a general exception to WTO member's fundamental obligations. Then, it examines the special function of Panel and Appellate Body's reports as an interpretive element in the application of WTO rules. On the basis of the foregoing, it lists WTO cases on green trade measures and gives a comprehensive analysis of their legal interpretation to Article XX. Firstly, it emphasizes the two tired test of Article XX and the importance of its sequence. Then it mainly discusses the meaning of the"discrimination"and"restrictions"in the chapeau. As for Paragraph (b), it analyzes the meaning of"necessary"and reasonably expected availability of the substitute measures, in the absence of which a measure is legitimate under this rule. As for Paragraph (g), it discusses the scope the"exhaustible natural resources"and the way of"in effective together with".