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GATT / WTO provisions apply under the environmental exceptions

Author: SuLuBin
Tutor: XiaoKai
School: Shanghai Jiaotong University
Course: Legal
Keywords: Environmental Exemption Applicable Countermeasure
CLC: D996.9
Type: Master's thesis
Year: 2010
Downloads: 133
Quote: 0
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Abstract


In the GATT / WTO course of the development , the establishment of effective environmental and trade conflict resolution mechanisms , to achieve a balanced development of the two is always all members of the joint goal ; while the question of the relationship between environment and trade debate is always accompanied by a GATT / WTO 's development process. GATT / WTO environmental exceptions recognized national environmental policies and objectives of domestic legitimacy , but improper use easily evolve into a means of trade protection , thus hindering the development of global trade liberalization . In this paper, the relevant provisions of GATT , combining GATT / WTO dispute settlement practice, the first one is considered to be in conformity with GATT Article 20 exceptions to provisions of environmental cases - Asbestos , peeling layers of cocoon , a careful in-depth analysis . In this paper, a reference to the case of asbestos panel and Appellate Body reports , revealing the correct application of the environmental conditions necessary exceptions and applicable rules , further pointed out that the use of environmental asbestos case exceptions to the right of the developmental role , combined with China 's national conditions finally make useful recommendations .

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CLC: > Political, legal > Legal > International law > International Environmental Protection Act
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