Study On Legal Mechanism Of Coordination Of Trade And Environment Of Region

There are promotions and conflicts simultaneously between free trade andenvironment protection, and the international community has made unremittingefforts to coordinate the relationship of them：environment protection and sustainabledevelopment are the important task of WTO and coordinated by dispute settlementmechanism. But the coordination of WTO is not enough for the restriction of themultilateral trade mechanism；EU and NAFTA have made their efforts in constructionof their legal mechanisms of coordination of trade and environment as well as theprocess of regional integration.As an emerging FTA, besides the economic achievements, there are someproblems of environment in CAFTA. So it is essential for the construction of legalmechanisms of coordination of trade and environment in the field of regionalenvironmental cooperation for CAFTA. This paper has implied with some researchmethods such as theoretical analysis, case study and comparative analysis, and itconsists of5chapters:Chapter1is the introduction of coordination of trade and environment. Based onthe analysis of promotions and conflicts between trade and environment, through theintroduction of the relationship between coordination of trade and environment ofWTO and regional coordination of WTO, this chapter will reveal the advantages ofregional coordination with proof of latest development of it.Chapter2is the analysis of principles of coordination of regional trade andenvironment. After the introduction and comparison of principle of necessity andprinciple of proportionality of EU and principle of minimal trade restriction ofNAFTA, there are some references for the formulation of principle of coordination inCAFTA.Chapter3is the rules of coordination of regional trade and environment. This chapter will introduce some measures in coordination of trade and environment suchas Carbon tariff, uniform products standard and the voluntary environment agreementof EU and prevail status of MEAs and the effective recognition of environmentalstandard of NAFTA. The comparative analysis of said measures is the importantexperience of rule-making for CAFTA.Chapter4is dispute settlement mechanism of coordination of trade andenvironment of region. There is a relatively blameless dispute settlement mechanismin EU which is the role of mandatory jurisdiction of European Court of Justice for thedispute of trade and environment. And the mode of consultation and arbitration isthe choice for NAFTA in the same issue. The comparison of this two kinds of disputesettlement mechanism will provide some references for the construction of disputesettlement mechanism of CAFTA.The last chapter is the construction of legal mechanism of coordination of tradeand environment of CAFTA.After the introduction of the status quo and latestdevelopment of coordination of trade and environment of CAFTA, based on theanalysis of related feasibility and barriers, this paper will figure out the foundations ofconstruction of legal mechanism of coordination of trade and environment of CAFTAand then will give a systematic exposition of the content of construction of legalmechanism of coordination.