Research On Some Procedural Rules Of CPTPP Environmental Dispute Settlement Mechanism

The Comprehensive and Progressive Trans-Pacific Partnership Agreement covers 11 member states.The agreement has formed the largest free trade zone in the Asia-Pacific region and the third largest free trade zone in the world.Since the international community has recognized the relationship between environmental protection and economic interests,especially based on the general recognition that environmental values are higher than economic interests,many free trade agreements have begun to stipulate environmental protection in special chapters.CPTPP is a typical representative of this.CPTPP not only has a special environmental chapter,but also provides an environmental dispute settlement mechanism to promote the implementation of environmental measures.The most characteristic rule is its procedural rules.Its characteristics are mainly reflected in the burden of proof,third-party participation and implementation.This article intends to analyze and study these special rules in the rules of procedure of the environmental dispute settlement mechanism of CPTPP,in order to reveal the new developments and trends of the establishment of rules of procedure of the environmental dispute settlement mechanism in the current free trade agreement.The first part of this article expounds the definition and scope of CPTPP environmental disputes,and analyzes the characteristics,applicable conditions and general provisions of the rules of procedure of CPTPP environmental dispute settlement mechanisms.From the second part to the fourth part,three kinds of special rules in the procedure rules of CPTPP environmental dispute settlement mechanism are studied,which are the burden of proof rules,third-party participation rules and the implementation rules.This part finds and analyzes the existing problems of these three types of rules and proposes corresponding modification suggestions by analyzing the specific provisions of the relevant rules one by one.The article concludes with suggestions on the path to the rules of procedure for the CPTPP environmental dispute settlement mechanism,and discusses the impact on the CPTPP contracting parties themselves,the non-contracting parties,and China.The article concludes that CPTPP has enhanced the practical operation of environmental dispute resolution by improving the rules of procedure in the environmental dispute settlement mechanism.It will play an important role in the effective settlement of environmental disputes,which deserves attention from other countries including China and can be used as a reference in the negotiation of free trade agreements.