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Study On Environmental Protection Clauses In International Economic And Trade Agreements

Posted on:2024-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
GTID:2556307295457424Subject:Law
Abstract/Summary:PDF Full Text Request
With the further development of economic globalization,the liberalization of the world economy and trade has been further strengthened,and international economic and trade agreements are increasing day by day.The deepening development of international trade and investment has also led to increasingly serious environmental problems.Therefore,how to balance the economic and environmental benefits has become a focal issue of continuous concern and urgent solution for all countries in the world.The thesis examines this issue in the following five parts by comparing the texts of international trade and economic agreements and studying classic cases.First of all,we analyze the basic overview of environmental protection clauses,clarify the concept of environmental protection clauses and the types of environmental protection clauses,including preamble clauses,special clauses,exception clauses and procedural clauses,study in depth the positive and negative impacts of international economic and trade development on environmental protection,clarify the necessity of including environmental protection clauses in international economic and trade agreements,and provide a theoretical basis and reference for the subsequent strengthening of the relevant system in China.Secondly,we study the content of environmental protection clauses in typical international trade and economic agreements,analyze the development of environmental protection clauses from a comparative law perspective,and comment on the trend of more comprehensive and specific environmental protection clauses,increasing environmental protection standards,and improving the procedural environmental protection clauses.This paper lays the foundation for the analysis of the current shortcomings and the subsequent suggestions for improvement.Thirdly,based on the above and combined with typical cases,it summarizes the problems existing in the international investment agreement,such as the unclear concept of environmental protection clauses,the lack of unified standards for content setting,and the conflict with the application of indirect expropriation clauses and fair and just treatment clauses.Fourthly,in view of the main problems raised one by one to give improvement suggestions,from the improvement of environmental protection clauses content setting to clearly stipulate the relevant content of environmental protection clauses,and strengthen the construction of environmental protection clauses system;In terms of the conflict between balance and other provisions,the thesis emphasizes the coordination of indirect expropriation standards and environmental protection standards,clarifies the scope of application of the fair and just treatment provisions and proves it through cases.Finally,based on the current international and domestic situation and the current situation in China,we will study the environmental protection provisions in the international economic and trade agreements that China has participated in or signed,analyze the shortcomings of China’s current environmental protection provisions and analyze the causes of these provisions,and propose feasible suggestions to improve the content of China’s environmental protection provisions,strengthen the system construction,and improve the system construction of environmental protection provisions,so that China can further increase international investment and promote trade liberalization while taking environmental protection into account and achieving sustainable development.
Keywords/Search Tags:International economic and trade agreements, Environmental protection clause, Sustainable development
PDF Full Text Request
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