On The Conflict Between WTO Rules And Multilateral Environmental Treaties And Its Solution

Trade and environment is one of the hottest topics in the multilateral trade framework and the global environmental protection areas. The conflict between WTO rules and MEAs is one of the key issues of the trade and environment conflict. The first two topics of the ten priority issues of the CTE, since established in 1994, are relating to the coordination of the WTO and MEAs, which is one of the four topics in the trade and environment agenda needed to negotiate in the coming Doha Development Round.How to take part in the new round actively, to make new trade rules together with the other WTO members, to play the constructive role in the harmonization of WTO and MEAs and to achieve the sustainable development of the world, are emergent topics for China, who is a new member of WTO and shoulders the responsibilities of carrying out the obligations and commitments. So it's valuable both in theory and in practice for us to research how to harmonize the WTO rules and MEAs from the legal perspective.This article consider WTO dispute settlement body should flexible apply and interpret WTO rules, on the basis in resolving cases evolve a set of rule for the implementing trade measures of MEAs , and on this basis GATT Article 20 environment exception evolve a special agreement "environmental trade agreements" to regulate environmental and trade issues, in the meantime carry on the extensive international cooperation and the policy coordination is more realistic approach which solves the conflict of multilateral environment treaty and the WTO rules.The innovation of this article lies in focusing on the conflict between WTO rules and MEAs, analyzing the disputes in the GATT/WTO framework by theoretical analysis, evaluating the proposals submitted by the member to CTE by comparative study, discussing the Doha Declaration on trade and environment agenda, then puting forward some advices on China how to play active role and...