Study On The Legality Of PPM-based Environmental Trade Measures Under The GATT/WTO Framework

As a kind of environmental standard, PPM is the abbreviation for "Process and Production Method". The PPM standard is characterized by differentiating a product on its process and production method. The issue of PPM-based environmental trade measures is the most controversial one among the debates between the environment and trade system. With the PPM measures being entangled with sophisticated interests, being regulated by ambiguous rules and its relevant fluctuation in practice, the legal status of PPM-based environmental trade measures is still uncertain.To solve the problem, this paper centers on analyzing the three major factors which influence the legality of PPM-based environmental trade measures. Comprehensively taking account of the three factors will be helpful in assessing the legality of a certain PPM-based measure and can guide involved countries not to violate the GATT/WTO rules.This paper consists of three chapters except for the preface and conclusion parts.The first chapter is about the background information. It presents a panoramic introduction to the concept and the emergence of PPM standards, and to the forms and different motives of PPM-based environmental trade measures. It points out that PPM-based environmental trade measures with covert motives easily beget disputes.Through clauses analyses as well as cases analyses, chapter two presents the uncertain legal status of PPM-based environmental trade measures. It then summarizes the three aspects of its uncertainty.According to the three aspects of the "uncertainty", chapter three finds and expatiates on the three corresponding factors in assessing PPM-based environmental trade measures’legality under the GATT/WTO framework. The factors are:(a) Is a PPM-based Environmental Trade Measure Based on PR-PPM or NPR-PPM?(b) Is a PPM-based Environmental Trade Measure Multilateral or Unilateral?(c) Is a PPM-based Environmental Trade Measure Extraterritorial? This paper aims to serve the practice since considering the three factors comprehensively will contribute to defining the legal status of a certain PPM-based measure.