试论多边环境协定与WTO法律制度的冲突与协调

贸易限制措施是现代一些多边环境协定采用的环境保护方法.以促进贸易增长为目标的WTO体制(及其前身GATT 1947)提倡贸易自由化,反对贸易限制.两者的冲突不利于全球环境状况的改善与国际贸易的发展.因此必须以"可持续发展"理论为指导,从宏观和微观两方面协调并消除冲突.

The conflicts and harmonizing between multilateral environmental agreement and the legal system of WTO

At present, some of the multilateral environmental agreements take the measures of trade restrictions as the methods of environment protection. However, WTO (and its predecessor, GATT of 1947) system, whose goal is to promote trade growth, advocate trade freedom and oppose trade restrictions. The conflicts between them will do harm to the improvement of international trades and situations. As for this contradiction, the author, under the direction of "Sustainable Growth" theory, takes the opinion of harmonizing and dispelling the contradiction from both the macroscopic and microcosmic views.