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 论文编号：
lw200701122206316465 |
| 论文属性：
Courswork |
| 论文语言：English |
| 论文国家：U.K. |
| 登出日期： 2007-01-12 |
| 字数： 4750 |
| 源程序：
无 |
| 价格：
免费论文 |
| 注明： |
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| 论文大纲，目录 |
| 关键词搜索：Free Trade Environment Protection |
ons that are Members of the WTO cannot adopt effective measures to protect endangered species, such as sea turtles. Clearly, they can and should. And we have not decided that sovereign states should not act together bilaterally, plurilaterally or multilaterally, either within the WTO or in other international organisations, to protect endangered species or to otherwise protect the environment. Clearly, they should and do.?/font>16
It is worth noting that the Appellate Body did not explicitly prohibit US from regulating production methods for shrimp harvesting outside its own jurisdiction. So some observers argued that this case opened the theoretical possibility for extrajurisdictional environmental regulation to be consistent with WTO rules. However, in practice it would be quite difficult for extrajurisdictional unilateral environmental regulation to pass scrutiny17.
From above we can see that under existing WTO dispute settlement system, none of trade measures to protect environment was successful. Although there were some environmental points or values recognised, it was far from the expectations of environmentalists.
Meanwhile, On October 14,1999, the Secretariat of the WTO issued a report on ?Trade and Environment?/font>18. The report was widely perceived to be an effort by the WTO Secretariat to put international trade in a more favourable light, so-called ?Olive branch?/font>19. But the report asserts without proof that the gains from trade are suf英语论文网 【http://www.51lunwen.org】ficient to repair any environmental damage, which made many environmentalists unhappy20.
Part Three: Solutions to reconcile the environment and trade.
As the existing WTO dispute settlement system could not deal with the conflict well in the view from environmental protection, there have a lot of potential solutions been recommended.
Exemption of multilateral environmental agreements in GATT through waiver.
The WTO agreement explicitly allows parties to waive GATT obligations in exceptional circumstances. So it is worth considering to exempt multilateral environmental agreements from GATT rules. Of course, such waiver should be approved by a three-fourths majority of GATT parties. It is not impossible in some circumstances.
Although someone argues that this approach appears to rank the GATT/WTO and trade liberalization above multilateral environmental protection, it would prove to be useful in the interim.
2. Amending the GATT.
Because of the vague language used in Article XX of GATT and the narrow interpretation of these grounds by the Panel and the Appellate Body, it became very difficult for a country to use it as safeguard to protect environment. So there are suggestions to amend the GATT and give express provision to exempt environmental protection action, ie, a real ?green exception?
3. Procedural changes to dispute settlement under the GATT/WTO.
Assuming for a moment that GATT/WTO in the proper forum for adjudication of tra
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