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论自由贸易与环境保护的冲突 | |||||
收集整理:佚名 来源:本站整理 时间:2009-01-09 23:03:46 点击数:[] ![]() |
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ent”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”19. But the report asserts without proof that the gains from trade are sufficient to repair any environmental damage, which made many environmentalists unhappy20.Part Three: Solutions to reconcile the environment and trade.
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.
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”.
Assuming for a moment that GATT/WTO in the proper forum for adjudication of trade and environment disputes, there are ways to make future WTO tribunals more conducive to fair and informed decision-making. For example, the selection of panellists. The objective of panellists is to create a sufficiently diverse background and a wide spectrum of experience. So one can argue the WTO tribunals should include experts in the realm of environmental protection. The panel member should be recognized by both trade and environment concerns. Maybe things will be different in that case.
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