Discussion About The Conflict And Reconciliation Between TREMS And The Regulations Of GATT/WTO

Elwironmental protection is necessary for the living and development of mankind．It is also an important manifestation of one country'S economic sovereignty．However．taking some measures of protecting environment blocks off the development of free rade．which cVe kes SO much conflict between members of GATT／WTO in reality．The backbone of the thesis is,discussing the conflict between environmental measures and the re2ulations of ATT／WTO,and how to resolve it． The thesis consists of four chapters． Chapter 1 mainly introduces the content concerning trade related environmentallncasures,which would be called TREMS in the following．Firstly,the article elaboratesthe emerging background of TREMS from several respects,such as economv,Dolitics．Then,the article embodies the kinds of TREMS in the world now．Basing on the fOrmerintl'oduction,the paper analyzes deeply the characteristic of TREMS．In conclusion．the author considers that TREMS was affected by much complicated situation in realitv．It does not only have a variety of types,but also has its own character． Chapter 2 probes into the impact that TREMS would bring on the regulations of G．XI,T／WTO principally．To free trade,the effect of TREMS is great,which would act onthe trading degree of freedom,the trading model,the trading conditions and so on．In the system of multilateral trade,the problem about TREMS becomes more and moreImportant．Nowadays,the unilateral measures and the multilateral environInent agreements both bring unfavorable effect on the regulations of GATT／WTO．After 2iving a profound analy sis,the author believes that there are a lot of factors which lead to such kind of phenomena．It might be the restriction of the objective circumstance．themotivation of the subjective benefit,the localization of the reality,the reason of historvetc．Chapter 3 studies the reconciliation between TREMS and the regulati one ofGATT／WTO．On one hand,GATT／WTO mostly handle the dispute of the u11ilateralmeasures by its dispute settlement body．It should be admitted that this way was usefulwithout doubt．At the same time it has certain shortage．So,to better the system 0f disputesettlement in GATT／WTO is very necessary．Furthermore,considering the need of 11Vironmemal protection,it seems essential that GATT／WTO should agree a cOuntrv to take measures to protect the extraterritorial resource．To a certain extent,the author agrees with this point．However,the author thinks,to do that,GATT／WTO should set very strict imits on the right of the country．On the other hand,although there is a number of schemes to assort with the multilateral environment agreements and the regulations of GATT／WTO,it still does not form a mainstream opinion NOW．Comparing all of the schemes,the author brings forward her advice． Chapter 4 discusses our country'S countermeasures under certain conditions．As we know,the situation of our country'S environment has taken a bad turn．And unsustainableforeign trade has worsen the environment．So,we need the suitable TREMS to strengthenthe environmental protection．Besides,our country has difficulties in foreign trade whenother countries take strict TREMS．It is reported that our import and export has sufferedhuge losses because of other countries'TREMS every year．Facing such kind of situation,we should take corresponding measures．For example,change the law about foreign trade,improve our scientific technology,using the dispute settlement body in GATT／WTO tostand up for our rights．In this chapter,the author putts forward the relevant proposals to hepoint．...