The Study of Countermeasures and Conflicts between the Trade Measures of MEAs & WTO Trade Rules
|School||Ocean University of China|
|Keywords||Multilateral Environmental Agreements WTO Conflict Countermeasure|
The subject of the relationship between multilateral environmental agreements (multilateral environmental agreements, MEAs) and WTO rules was first put forward by the European Union in 1994, their objective is to trade measures in multilateral environmental agreements (whether now existing or hereafter signed trade measures in multilateral environmental agreements) can be recognized by the WTO. One of the topics from the Seattle Ministerial Conference in 1999 to the relationship between existing WTO rules and multilateral environmental agreements specific trade obligations \coordinating the relationship between the various suggestions to try to find the \. The possibility of substantial conflict between MEAs and WTO trade measures is growing, and some countries trade measures for the protection of the environment can easily become a unilateral, arbitrary and unjustifiable discrimination means that these trade measures will inevitably cause on international trade fair a threat, this paper intends to explore in order to find countermeasures to solve the conflict between MEAs and WTO trade rules conflict measures. The first part of the article from the Environmental Protection on international trade and environmental impact of trade measures in the multilateral trading system, multilateral environmental agreements, trade measures and WTO trade rules, the background of the conflict, and put forward the theory of sustainable development for both conflict coordination provided an opportunity. The second part of the article from the basic concept, elaborated on the trade measures in MEAs and the multilateral trading system under the terms of environmental protection, in order to compare the similarities and differences between the two. The third part of the article in the first and second part of the analysis on the basis of environmental trade terms from multilateral environmental agreements, trade measures and the basic principles of the WTO and multilateral environmental agreements, trade measures under the WTO framework in terms of multilateral environmental agreements, trade measures WTO trade rules conflict, made a detailed analysis of performance. The fourth, the fifth part of the article is the focus of this article, the fourth part of the article first summarizes the international community to reconcile the two conflicting advice, and each of these existing recommendations and defects were analyzed; Based on this article Part V of the author proposes feasible countermeasures to solve the multilateral environmental agreements trade measures conflict with WTO trade rules. The sixth part of the article focuses on solving the conflict between the new development, mainly on the international community for information exchange between MEAs and the WTO and MEAs observer status how to look at the latest developments and make the basic analysis. It needs to be emphasized is that I do not believe that environmental protection and free trade system on the nature of the conflict, nor that trade measures taken in the multilateral environmental agreements related to environmental protection is irreconcilable with WTO rules. But only that a status quo, existing environmental rules and free trade rules of the system in the current case there are still some disharmony, we need to further analyze the conflict between the two, between how mutual coordination explore.