技术性贸易壁垒中贸易和环保的平衡

Balance of Trade and Environmental Protection in Technical Barriers

技术性贸易壁垒的合法、合理、适度使用已经成为当今WTO框架内涉及贸易自由化和环保平衡的重要问题之一。GATT第XX条为部分涉及环保的技术性贸易壁垒实施设立了条件和要求。《TBT协定》为涉及环保的技术性贸易壁垒的实施设立了指导原则和判断标准,但这些原则和标准的适用则是一个复杂的技术和法律的冲突和协调过程,贸易保护之目的和效果都会影响技术性贸易壁垒实施过程中贸易自由和环保措施之间的平衡。

Legitimate, reasonable and adequate application of technical barriers to trade is one of the important issues affecting the balance of trade liberalization and environmental protection within the WTO framework. Article XX of the GAIT sets out conditions and requirements for the application of environment - related technical barriers to trade. TBT Agreement sets out principles and criteria for guiding and assessing the application of technical barriers to trade. However, the application of these principles and criteria is indeed a complicated process in which the conflicts between technique and law need to be reconciled. The purpose of this paper is to provide useful reference in China＇s WTO practice for developing the means and ways to protect China＇s legitimate interests within the WTO framework through analysis of relevant laws and practices of the WTO. It is hoped that the issues raised in the paper will be studied and discussed further from both the theoretical and practical perspectives in China in future.