“资源获取”时期WTO框架内贸易与环境协调问题研究——基于对“中国原材料出口限制措施案”的思考

Research on the Issue of the Harmonization of the Relationship Between the Trade Promotion and the Environmental Protection under the WTO Frame in the Phase of "Resource Acquisition"——Based on the Reflection on the Case of China-Measures Related to the E

20世纪70年代以来,全球环境迅速恶化,环境的国际保护性问题也日益严峻;但与此同时,全球的贸易自由化水平在GATT时期及后来的WTO时期都得到了前所未有的提升。基于此,人们开始反思自身贸易的发展模式,并将协调贸易与环境问题纳入进WTO体制未来发展所要解决的问题当中。从探讨贸易与环境问题产生的原因入手,分析"中国原材料出口措施限制案"背后所反映的涉及WTO体制内贸易与环境协调问题的特殊之处,探寻WTO体制内涉及贸易与环境协调问题之争的方向性转变以及贸易与环境协调措施的不足,对在"资源获取"时期中国如何通过WTO机制解决自身所面临的贸易与环境协调问题具有重要意义。

The global environment has been deteriorating gradually since the seventies of the twentieth century which,in turn,has aroused people＇s attention to the issue of global environment protection.The growth of different degrees was seen in the global trade liberalization during the period of GATT as well as the following period of the WTO.However,it has posed a threat to the global environment and the world resource.In view of the stated above,people are having a profound reflection of the trading development pattern and the issue of harmonization of the relationship between the trade promotion and the environmental protection under the WTO frame.Based on the above statement,writer here is trying to arrange the order of the content in the thesis as follows： The first part gives a statement explaining the relationship between the trading promotion and the environmental protection.Following the above,the second part is trying to inspire the readers with much reflection on the issue of harmonization of the relationship between the trade promotion and the environmental protection through the analysis of the root of the issue under the WTO frame.Besides,the third part would give its emphasis on the analysis of the classic case that have taken place under the WTO frame and then it puts forward the orientation of the issue in the new phase,that is,the phase of ＂Resource Acquisition＂.After that,the fourth part analyzes the limitations of the WTO agreements in the phase of the＂Resource Acquisition＂.Following the above,the last part would propose the countermeasures for China to resolve the issue in the new phase.