The Research Of Limitations And Improvement Of WTO Environmental Rules

With the rapid development of the global economy, the world’senvironmental condition is getting worse. The mankind is facing theglobal environmental crisis which has never met before, facing this crisis,governments of each state have begun to make a positive responsethrough domestic environmental legislation, sign multilateralenvironmental agreements, etc. At the same time, WTO also makesadjustments accordingly to its own trade rules. However, due to its moregeneral principle environmental problems handling, feasibility is notstrong, it is too difficult to understand and apply the terms of itsenvironment in different countries. This paper makes a systematicallyanalysis to WTO environmental rules based on this point of view, and domy best to research on applying the WTO environmental rulesreasonably, improving and building a more complete legal system underthe WTO system.Firstly, this paper focuses on the WTO environmental rules basedon the interpretation of the principle of international law in the WTOenvironmental rules, and analyzes the constitutional provisions, general exceptions, special provisions of law and terms of technical standards.Then it makes comprehensive analysis of the WTO environmental rulesin the limitations of provisions, applicable limitations and the limitationson the conception. Such as the WTO has a strong environmental rulesand general principles, it is involved in narrow areas, lack of the conceptof differential and other reasonable treatment of development members.In the analysis on limitations of WTO environmental rules, the paperfocuses on the relevant instances of this area, then make conclusions.Secondly, the paper puts forward my own point of view for theimprovement of the WTO environmental rules. It notes that the best wayto solve trade and environment issues is to reach the TREMs, and putsforward relevant legislative proposals on basic principles and legalframework of TREMs, at the same time, it concerned about coordinationin the TREMs about the conflict of multilateral environmentalagreements and WTO rules.Finally, the paper points out that China should hold the relevantposition and strategies on the improvement of WTO environmental rules.The paper pointes out that in order to achieve sustainable economicdevelopment and make a good relationship between the trade and the environment, the best way is to improve China’s environmentallegislation with WTO-related environmental system.The innovation of this paper is that, it focuses on improving theWTO environmental rules from the new perspective of low-carbonbackground, concerned about achievements of the climate changeconference in Copenhagen and Cancun, and makes a theoretical thinkingabout them. The author believes that the research on these issues is ofcertain practical and theoretical significance in the fields of promotingthe development of WTO environmental rules, making a goodrelationship between trade and environment, successfully achievingsustainable development of economy and ensuring of current and futurecommon interests of mankind...