WTO规则与MEAs环境贸易措施之协调途径

The Ways of Harmonizing Issues on Trade and Environment in WTO and MEAs

WTO规则与MEAs环境贸易措施的冲突是国际法体系多样化与碎片化的具体表现,其深层次原因则是发展中国家和发达国家在贸易与环境领域中的不同立场和利益诉求所导致的。从理论上来说,WTO体制之外的解决途径要优于WTO体制内的解决途径,但从现实可行性来说,WTO体制内的解决途径要优于WTO体制外的解决途径。在WTO体制内,发展中国家应采取积极的态度主动参与谈判,表明立场并提出有利于自身的建议,让贸易与环境问题在WTO体制内通过平等协商的方式加以解决从而维护自身的利益。

The conflict between the WTO roles and the trade and environment measures in MEAs is a specific performance of the diversity and fragmentation of the system of International Law. The deep reason lies in different positions and interest appeal of developing countries and developed countries in the fields of trade and environment. 311eeretically, the solution for the conflict out of the system of WTO is better than that within the system. However, in practice, the solution for the conflict within the system of WTO is better than that out of the system. Within the system of WTO, the developing countries should take part in negotiation actively, show their own positions and put forward suggestions according to their own interests. In this way, they can solve the trade and environment problems within the system of WTO to maintain their own interests.