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On the multilateral environmental agreements (MEAs) in coordination with the WTO trade measures

Author: LiRui
Tutor: MaChengYuan
School: China University of Political Science
Course: International Law
Keywords: Multilateral environmental agreements (MEAs) Trade measures WTO
CLC: D996.1
Type: Master's thesis
Year: 2005
Downloads: 234
Quote: 3
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Abstract


MEAs (Multilateral Environmental Agreements, MEAs) in trade restrictive measures have four objectives : first, the control of international trade practices harm the environment ; Second , control the transfer of hazardous substances to the environment , to protect the environment of the importing country ; first Third, control of non- party trade , to prevent non-parties do not accept agreement obligations in the case brought by environmental achievements enjoy Agreement ; Fourth, multilateral environmental agreements to ensure that the rules established to be implemented. MEA trade measures to be adopted because of its special features is sufficient to alleviate the economic behavior of the business as a direct result of environmental issues , WTO Secretariat is also published its report on trade and environment in the background material recognize the \in some cases play an important role . \However, precisely because of these trade measures on the economic effects of international trade poses a threat to the fairness , leading to the WTO and multilateral environmental agreements face a common problem: how to coordinate the relationship between the two . Based on the multilateral environmental agreements and the legal relationship between WTO rules discussion has been going on for a few years , some of which from 1 January 1995 the date of birth WTO has already begun . From the current situation , trade measures and resolve conflicts between WTO rules was not ideal . The multilateral trading system and dispute mechanisms existing environmental provisions that countries have not yet determined the multilateral trading system balancing environmental protection and co-ordinated approach . Some countries trade measures for environmental protection easily become a unilateral, arbitrary and unjust discrimination means . This paper intends to multilateral environmental agreements and trade measures discusses the relationship between WTO rules , in order to discuss on this issue contribute . The first part contains trade measures on several typical multilateral environmental agreements - \\In the second part of the first part of a detailed analysis of trade measures on the basis of discussions with the WTO principles such measures conflict with WTO agreements and their specific terms of coordination, in order to illustrate the problems . The third part of the first and second part , based on the scholars have put forward a critical analysis of conflict resolution , and further asked the author of the coordination of multilateral environmental agreements and WTO rules recommendations. It should be emphasized that the author does not consider environmental protection and free trade system , in essence, is the conflict , nor that of multilateral environmental agreements to take trade measures related to environmental protection is irreconcilable with WTO rules

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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