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Research On Environmental Dispute Settlement Procedure In TPP

Posted on:2018-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2346330518953509Subject:Law
Abstract/Summary:PDF Full Text Request
According to the Global Risk Assessment Report issued by the World Economic Forum in 2016,responding to and addressing climate problems will be the greatest risk of human society.This is the first time since the publication of the report in 2006,environmental issues become the number one risk.In academia,no scholar has made an uncontested definition of "the environment",but for the general public it is possible to agree that the "environment" exists as an indivisible whole,"the environment" is the basic condition.International environmental law is produced and thrived in this context and forms a series of international environmental conventions.But the rules of environmental protection under the framework of international law are not only reflected in multilateral environmental agreements.WTO and other multilateral trade conventions also joined the environmental issues.Unfortunately,the current WTO rules are stalled in negotiations on environmental issues.In this context,regional free trade agreements are booming.Since the inclusion of environmental provisions into the FTA for the first time in the North American Free Trade Agreement(NAFTA),the United States has continued to improve the environmental provisions in the process of advancing its FTA.The inclusion of environmental chapters in regional trade agreements to coordinate the relationship between trade and the environment has been recognized by many countries.TPP as the largest coverage of the largest regional trade agreements,but also to take a separate environmental chapter of this legislative model.Even if the change in the political situation is now TPP can not be effective is a foregone conclusion,but the impact of the model will not die.The inclusion of environmental issues in trade agreements has become the current development trend,and in the subsequent negotiations on trade agreements involving environmental issues and environmental dispute settlement procedures,will also be TPP text as a reference.The TPP Environment section not only defines a number of specific environmental measures,but also incorporates it into its own system in association with multilateral environmental agreements.TPP not only includes the environmental chapter within the scope of the general dispute settlement process,in order to further increase the country's environmental action,especially in the environmental chapter set up environmental special consultation process.TPP environment special consultation procedure and TPP general dispute settlement procedure,the two parts constitute the TPP framework under the characteristics of environmental dispute settlement procedures.Based on the study of environmental protection,this paper can clarify how regional trade agreements try to coordinate the relationship between environment and trade through dispute settlement mechanism,and deduce TPP's true level of environmental protection according to dispute settlement procedure,As well as China's comprehensive and in-depth participation in global environmental governance goals,how to face China's environmental dispute put forward some suggestions.This paper is divided into five parts:The first part is an overview of the TPP environmental dispute settlement process.The framework and historical origins of TPP environmental dispute settlement procedures are summarized here.Because of its inheritance with the US FTA,and therefore the United States FTA environmental dispute settlement procedures made a comb to help better study TPP environmental dispute settlement procedures.The second part is the study of the scope of TPP environmental dispute settlement procedures.In this part of the scope of the specific content to do a presentation and analysis and evaluation.The third part is the study of the environmental special consultation process for TPP environmental dispute settlement procedures.In this part of the specific content of the program to do a comb and analysis and evaluation.The fourth part is the study of the general dispute settlement procedure of the TPP environmental dispute settlement procedure.In this part of the specific content of the program to do a comb and analysis and evaluation.The fifth part is to discuss the status quo of environmental issues in FTA of China,and put forward some suggestions on how to deal with environmental disputes in the light of China's comprehensive and in-depth participation in global environmental governance.
Keywords/Search Tags:Environment special consultation, Environmental dispute and free trade, Environmental dispute settlement
PDF Full Text Request
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