A Research On Issues Of Legal Harmonization Of Trade And Environment Policy Under WTO

Since 1970s, global environment has been greatly degraded and international environmental protection is becoming increasingly important and challenging. Meanwhile, global trade liberalization has also been developing and expanding rapidly, bringing much more pressure on natural resources and environment. In order to deal with these problems, we have to reconsider the way of economic development and our attitude of values, to further form a new theory system of sustainable development. This dissertation endeavours to review the issues of legal harmonization of trade and environment policy under WTO basing on the principle of sustainable development. The main purposes are to reveal the present problems and future developing possibilities of legal harmonization of trade and environment policy under WTO, and make suggestions to better integrate environmental policy into WTO's trade policy, to contribute to sustainable development in this field and how China should take countermeasures. This dissertation is original in the way that it combines comprehensively the principle of sustainable development and the issue of trade and environment policy integration.The dissertation includes six chapters. In Chapter One, it explains the cause of conflict between trade policy and environment policy and the issues about environment agenda in different stages in WTO,following a statement that the principle of sustainable development will be the main basis for legal harmonization of trade and environment policy under WTO.In Chapter Two, the dissertation completely examines all aspects of the principle of sustainable development to establish the theoretical basis. Mainly through examining and analyzing its concept, theoretical basis and evolving process in international law field, it tries to develop the theory system of legal meaning of the principle of sustainable development, its legal status in international law and its specific function for legal harmonization of trade and environment policy under WTO.In Chapter Three, the dissertation summarizes and analyzes the current legal problems in the field of harmonization of trade and environment policy under WTO,i.e., the legal problem between environment-related measures and green trade barriers, the legal issue of multilateral regulation of environmental rules and standards, the legal issues of extraterritorial jurisdiction of unilateral environmental measures and rules, and the legal issues about compatibility between trade rules of WTO and MEAs. In Chapter Four, the dissertation examines the relevant rules in WTO system for harmonization of trade and environment policy, and analyzes its application and interpretation by DSB. This chapter shows the rules and regulations framework of harmonization of trade and environment policy under WTO. In Chapter Five, the dissertation examines and analyzes respectively environment-related cases both under GATT and WTO to show how GATT and WTO are different in treating the disputes relating to environment and what kind of principles and practical experience behind the panel reports and appellant reports, with a special focus on the principle of sustainable development. This chapter shows the practical framework of harmonization of trade and environment policy under WTO. In Chapter Six, which is the core chapter of this dissertation, the author firstly examines the programme of CTE and new agenda relating to environment in Doha negotiation round, then conclude that a new trade and environment harmonization system needs to be built through following three aspects: penetrating the issues of harmonization of trade and environment policy under WTO based on sustainable development; integrating environment policy into decision-making system of trade policy under WTO; establishing a good legal governance structure on trade and environment under WTO with the objective of sustainable development. As to the countermeasures for China, the author makes following four suggestions : establishing a comprehensive trade and environment policy system on the experiences of other countries; forming a integrated decision-making mechanism of trade and environment especially through environment impact assessment (EIA) or sustainability impact assessment (SIA) system; establishing a social mechanism for poverty alleviation and balanced development; and promoting the cultivation of civil society and encouraging environmental NGOs and public participating into trade and environment policy-making system. In conclusion, the dissertation states that harmonization of trade and environmentpolicy is an important part of sustainable development. When we urgently pursue rapid economic development, we should also pay keen attention to environment protection. That is the real way to realize sustainable development.