The Wto Legal Research, And Environmental Protection Issues

With the development of the rise of the economic globalization tide and international liberalization of trade, environmental protection and sustainable development become the mainstream of the world; GATT-WTO also pays much attention, too. We must protect the environment while in free trade — through the research, discussion, dispute of 30 years, WTO established its attitude toward environmental question gradually, and try to add the content of environmental protection in the trade rule. But these rules still wait to deepen further, concrete and clear. We can expect the environmental question will become the subject matter in international trade.This paper drafts around the analysis on regulation and attitude of environmental protection of WTO, the rules related to environmental protection and natural utilization of resources in WTO, including the exceptional clause; and Makes a concrete analysis of the diverse impact to the WTO principle arisen by environmental protection. Then puts forward the suggestion of " afforesting WTO " with regular multilateral trade, and thus be in the hope of giving play to WTO to coordinate the function between liberalization of trade and environmental protection in the future; And according to our current situation as a developing country, give a discussion on how should we reply to WTO trend.This paper is divided into four parts altogether besides foreword.First part tells the relevant trade principles and environmental protection norms of GATT/WTO. Through introducing the environmental question 's origin , development in WTO in detail, WTO relevant environmental protection rule , clause , dispute solve practice and environmental protection organization, along with the analysis of above-mentioned contents , this part points that though WTO is a global trade organization, its all sorts of behaviors have already involved environmental protection simply at the same time.Second part analyses the impact of environmental protection on WTO rules. It includes exactly the impact on the principle of non-discrimination, transparency, to tariff reducing, to fair trade to most-favored-nation treatment. And yet make a concrete analysis of environmental protection in WTO mechanism from a few aspects such as nature, the concreteclause, dispute solve mechanism, and environment - trade problem that does not solve. Thus get the conclusion that there is very great fragility on environmental protection in WTO.The third part is a focal point of the paper, putting forward that WTO should be "afforested". Originally this part carries on the prospect to the issue of environmental protection in WTO, and points that WTO will improve the degree of attention to Environmental protection question greatly, the green trade barrier will become main non-tariff trade barriers in WTO, and WTO will attempt to seek the balance between trade and environment. Through analyzing meeting content in Doha, etc. think WTO has already indicated formally it would like to take measures to coordinate trade and environmental protection question. On the basis of summarizing WTO environmental position finally, the author think environmental protection needs a global international organization essentially, the balance and coordination that only depend on WTO are unable to realize the goal of global environmental protection fundamentally, however, under the international situation in the present stage , " afforesting " WTO through various kinds of measures can make it pay close attention to and inclined to environmental protection further. So this part has put forward the suggestion of WTO of relevant "afforesting " partly, including passing and exempting the obligation of member state, explaining term , Augment and revise , making special protocol way to promote WTO pay close attention to the environmental protection further while attending to trade.The fourth part is Conclusion. This part tells WTO gives memberstate the great freedom on environmental protection, with various countries strengthen the development trend of the legislation of " the environmental policy and trade policy ", and according to the current situation in our country , this part give a expectation that the suggested measures can have a benefit slightly on foreign trade - environmental protection slip in our country.