The Application On Environmental Exception Clause Of GATT/WTO

During the development of GATT / WTO, it is the common pursuit of all members to establish an effective dispute resolution mechanisms and to achieve a balanced development between environment and trade. In the meantime, this process is always accompanied by the dispute on the relationship between environment and trade. Environmental exception clause acknowledges the legitimacy of WTO members'civil policy in environment protection. However, if mishandled, it is apt to become the tool of trade-protection, thereby preventing the free development of trade. Starting with the relevant provisions of GATT/WTO and combined with the first case that is considered to be consistent with the 20th XX(b) of GATT environmental exception clause, this article makes a comprehensive and penetrative analysis. This article refers to the reports of the panel and the appellate body of DSB on asbestos case, highlights the rules and conditions of how to correctly utilize the environmental exception clause ,and then points out the benefits the asbestos case has brought to the application of the environmental exception clause. Finally, it puts forward to some helpful suggestions according to the China's actual conditions.