Study Of Trade-related Environmental Measures In The Multilateral Trading System

Since 1950s, Serious, environmental problems are being created while global economic are increasing rapidly. Although international trade, which is the strongest power of global economic, is not the direct origin of environmental pollution, it can magnify the pollution in fact. Thus nations take action to make environmental laws, including some measures with the effect restricting trade directly or indirectly. WTO, as the biggest free trade organization, also open "Green Window" for environment protection, by a series of "exception" which allow parties to take environmental measures. In order to avoid abuse of exception, WTO prescribe some restrict terms for using the exception. However, the restrict terms are so principle that they can't solve the problems what and how environmental measures can be use. Thus dispute arose while some environmental measures are executed. Due to the difference in economic, technology and environmental protection level, developing countries and developed countries have difference opinions about environmental measures Developed countries insist on modifying the international trading rules to accommodate more environmental measures, while developing countries insist applying of environmental measures must conform present international trading rules. 2001 Doha ministers meeting of WTO have decided to place the trade & environment problems into agenda, at the same time China became a member of WTO. It is necessary for China to study trade- related environmental measures to safeguard our interesting in the negotiation as well as foreign trade practice. This is the motive that author select trade-related environmental measures as the study subject.This thesis consists of four parts as well as introduction and ending, nearly 50,000 words altogether.Introduction. This part introduces the purpose of this study by indicating the significance in practice of studying environmental measures.Part â…  - A summary of TREMs. This part focuses on 4 aspects to introduce TREMs. First, to define TREMs concept and it's characteristic. Second, to introduce the background that TREMs came into being, as well asit's influence on international trade. Third, to introduce the environmental theories on which TREMs is based, and to analyze the conflict between these theories and the multilateral trading system. Fourth, to introduce two categories of TREMs: compulsive environmental measures and voluntary environmental measures.Part II - The rules of environmental measures under the multilateral trading system. Firstly, this part reviews history of working group of GATTAVTO and their work on environmental measures. Secondly, based on cases ruling of the panel and appeal body, the thesis focuses on analyzing GATT Article XX (d)n (g) and its chapeau. These clauses are called "environmental exception clauses", which were frequently quoted by parties in dispute. The thesis also introduces other environmental clauses in WTO.Part HI - the coordination of major environmental measures and the multilateral trading system. In this part, three major environmental measures have been discussed. They are environmental tax, process and procedure methods and environmental label. These measures challenged fundamental principles of trade law, and cause disputes both in GATT periods and in WTO periods. The panel and appeal body tried to find a way to coordinate these measures into the trading laws, however, some problems still unsolved. This thesis analyzes these problems and forwards the author's opinions.Part IV - environmental measures and the foreign trade of China. Chinese commodities export increased rapidly in the past years. However, it is frequently blocked by the environmental measures of importing countries. Therefore, we should take the following actions: first, in international sides, to promote the agenda of environmental and market access topics, to pursuit the favorable treaties for developing countries, to cooperate with other countries in environmental protection filed and to safeguard our interesting through the dispute settlement mechanism; In domestic sides, to establishing sustainable development strategy of foreign trade, to complete our foreign trade law, the technical law systems, environmental tax and fee system and environmental label system.Ending. This part concludes the origin of conflict betweenenvironmental measures and trading rules. That is the actually unfairness between developing countries and developed countries in environmental protection filed due to the unfair international economic system. China should positively take part in trade & environment negotiation under WTO and try to promote a new international economic system, which could harmonize both trade and environment.