Wto The Value Of Procedural Justice Research

For several dozens years of GATT, especially since the 60's, theproblem of environmental and ecological pollution has puzzled allcountries, including GATT members. These countries started to giveincreasingly more attention to environmental protection. This resulted tothe problem of the relationship of free trade and environment protectionin the WTO system. More and more countries have been takingtrade-restraining measures to protect environment, according to Article20 of GATT1994. The Technical Barrier of Trade Agreement (i.e.TBT), which is agreed in Tokyo round of 1979, allows all members toformulate, adopt and implement various technical regulations for thegoal of protecting environment. In the Doha round, the subject of tradeand environment was put into the agenda again, although nothing hasbeen gained. Those developed members with higher environmentalstandards, compared to there developing counterparts, believe theirmerchants are in the inferiority, therefore they suggest to formulateunified environmental standards in the WTO frame; But the developingmembers think this would become new disguised trade protection tools,and could increase their costs of international trade. In the contract, theyintend not to formulate unified environmental standards in the WTOframe. Without detailed regulations, the DSB of WTO has been formingit's case law, through explaining related agreements when judging thosecases about the relationship of free trade and environmental protection.Traditional Chinese justice theory is about moral principles, whilein the western world, the theory have always been about socialrelationship principles. The aim of John Rawls's justice theory is toassign rights and duties equally. And, as we know, Rawls believes thejustice he discussed is pure procedural justice. Pure procedural justicemeans, without a norm to appraise the results, the procedure can decidewhich is right. The author thought that, now that we need right results,pure procedural justice can't exist at all. So I thought that procedural justice as a law value means procedural law and their implementing andresults reflect justice.Referring to jurisprudence of inner laws, the author thought that, asone of the basic law values, procedure justice means that, justified lawsand regulations, which are legislated through justified procedures, whenimplemented justifiably, and the results of which are justified, i.e. therights and duties are assigned justifiably. The author believe procedurejustice is one of the basic values of WTO law, and the agreements andexplanations, implementing procedure and the results have reflected thevalue of procedural justice to a great extent, simultaneously the authoralso pointed out some problems that need to be improved.There are altogether three parts in this article. The first partintroduced the meaning of procedural justice and the meaning as a valueof law. The second part introduced the evolution of environment subject,and the solution of the subject. Then I listed all the regulations about theenvironment subject. The most important and last part is about how thelegislating procedure, regulations, judging procedure and the resultsreflect the value of procedural justice.