The Legal Analysis Of Eu’s Reach Within The Framework Of WTO

The European Union’s new Chemicals legislation,called Regulation concerning theRegistration, Evaluation, Authorization and Restriction of Chemicals (REACH), has comeinto effect on June1,2007,and it will be finished the unified management of all the relatedchemicals by2012. Of this one code come on stage mean, Comply with a new trend, that isthe health and the environment around the two "non-economic factors" are increasinglybecoming the mainstream of international trade legislation, and it is consistent with thepurposes and principles of WTO. However, REACH adapted to the tendency of theinternational trade in the legislation, but it went against some related provisions under theframework of WTO in many ways.For example, it changed the feature which the Previouslaws only pays attentions to a light of a particular area, it focuses on chemicals in variousfields. And it worsens the International trade environment, especially in developingcountries. It is the most extensive trade barriers. This article analyzes the REACH underthe framework of WTO, it mainly analyzed the conflict between them and it also analyzedthe consistency of them. It indicated the REACH’s nature of unilateralism. It pointed outsome responsive measures to reply to the REACH. The article finally pointed out somemeasures which about how our country will formulate our Technical Trade Measures.This paper consists of six chapters: Chapter one states the background for designing theRegulation, the implication and the main content of the REACH; Chapter two under theguidance of this theoretical framework, the systematic discussions and analysis will becarried out to explore the nature and prototypical characteristics of the REACH. Afterintroducing the regulation, we can find out some particular features to compare with thepast European Union’s related chemical laws and regulations,and also we can analysisthe nature of unilateralism of the REACH during expounding the unilateralism; Chapterthree mainly discuss the relationship between the REACH and the rules of WTO. It pointsout some similarities between them and it analyzes some conflicts that the REACH goesagainst the rules of WTO. By analyzing the meaning of the article20(b) items and (g) items of GATT and some related cases, we can find out the inconsistency between them;Chapter four mainly discuss the relationship between the REACH and TBT (Technicalbarriers to trade) agreement.It introduces that the regulation of REACH accords with theright reason of the Technical Trade Measures, and it analyzes that the REACH is one oftechnical trade barriers. By analyzing the relationship between the REACH and somerelated principles of TBT, it point out some inconsistency between them; Chapter fiveintroduces some measures for our country to treat with EU REACH; Chapter six indicatesthat we should make our own Technical barriers to trade to reply to the challenge.