WTO中与环境有关的贸易争端解决实践

自由贸易与环境保护之间的关系是当今世界上的热点问题之一。环境保护要求对自由贸易实行一定程度的限制,贸易自由则力求减少环境保护的干预。作为世界上最大的、以发展自由贸易为主要宗旨的多边贸易组织——WTO已经解决了多起与环境有关的贸易争端。文章将通过对GATT/WTO的专家组和上诉机构有关报告的研究,指出WTO与GATT在解决与环境有关的贸易争端时的区别,及其解决此类争端的发展趋势,并提出DSB在解决“环境”争端时的建议。

The Practice of Trade Disputes Settlement Related to Environment in WTO

The relationship between free trade and environment protection is one of the hottest problems in the world. Environment protection requires implementing certain restrictions, but free trade strives to decease its intervention. As the biggest multilateral trade organization that cites developing free trade as its tenet, WTO has settled many trade disputes related to environment. This thesis will point out the differences between GATT and WTO in the settlement of trade disputes related to environment, the settling tendency and the author's advices to DSB of WTO through the research of the Reports of Panel and Appellate Body.