On Environment Protection Exceptional Right In WTO

WTO has established a numerous and jumbled rules in the multi-lateral trade system. And also it created large quantity and complex varieties of exceptions inside the system on the consideration of the special interest of different countries, strengthening the function of automatic-adjust and self-protection. The Environment Protection Exceptional Right (EPER) is just one of the examples.The EPER is the right of placing restriction on trade by taking the unilateral environmental measures according to WTO for protecting the environment by one signatory. It contains three of contents: First, EPER originated from certain WTO agreement. Second, the purpose is to protect environment. Third, it is the unilateral environmental measures that are taken to limit international trade. As an exception in the WTO system, the EPER has the special features of validity, hideness and complication.The EPER is a reactively special right in WTO. The EPER was formed and developed in the course of the environment problems'intervention into the GATT/WTO. The two aspects of it-theenvironment protectionism and trade protectionism has provided us with two ways of analyzing the EPER. It contains two brands, and gathers the conflicts and contradicts because of different purpose. These things make it hold the dual function. The instability and western-centrism are the two major defects, so the EPER should be evidently developed from the current base.The EPER consists of two parts: the b, g item of GATTX X and the SPS, TBT. The items of EPER are consisted of the preface and b, g item of GATT X X, which is the part of general exception currently. From the beginning of 1980s to the foundation of WTOthere appeared "tuna/dolphin" "petrol criterion" and "shrimp /turtle" cases on environmental dispute, which mostly attracted the whole world attention, SPS and TBT are the specific WTO agreements that contain the environmental regulation.The relation between green trade harries and WTO environmental protection law becomes more complicated. As for china, in order to eliminate the harm of green trade barries and to establish the normal green trade system, there is still much work to do through the domestic and international focused on law of two-sides...