In the context of WTO dispute settlement, the precautionary principle is a predominant concept, in the face of serious risks and scientific uncertainty, that is often characterized as ＂better safe than sorry. ＂＇ Al...In the context of WTO dispute settlement, the precautionary principle is a predominant concept, in the face of serious risks and scientific uncertainty, that is often characterized as ＂better safe than sorry. ＂＇ Although the precautionary principle appears in various treaties, declarations, and even laws, it is often formulated in abstract terms, leading to the great ambiguity of its primary elements. The Panel and the Appellate Body always avoid discussing the precautionary principle in WTO cases due to its obscure definition. On March 13, 2012, the United States, the European Union, and Japan each requested consultations with China as China＇s measures that made restrictions on the exportation of rare earths, tungsten, and molybdenum had been in conflict with their national interest.展开更多
The conflict between environmental protection and trade liberalization has always been a controversial issue ever since the 1980s. As prescribed in the preamble of the Agreement Establishing the World Trade Organizati...The conflict between environmental protection and trade liberalization has always been a controversial issue ever since the 1980s. As prescribed in the preamble of the Agreement Establishing the World Trade Organization （WTO）, members should allow ＂for the optimal use of the world＇s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development.＂展开更多
文摘In the context of WTO dispute settlement, the precautionary principle is a predominant concept, in the face of serious risks and scientific uncertainty, that is often characterized as ＂better safe than sorry. ＂＇ Although the precautionary principle appears in various treaties, declarations, and even laws, it is often formulated in abstract terms, leading to the great ambiguity of its primary elements. The Panel and the Appellate Body always avoid discussing the precautionary principle in WTO cases due to its obscure definition. On March 13, 2012, the United States, the European Union, and Japan each requested consultations with China as China＇s measures that made restrictions on the exportation of rare earths, tungsten, and molybdenum had been in conflict with their national interest.
文摘The conflict between environmental protection and trade liberalization has always been a controversial issue ever since the 1980s. As prescribed in the preamble of the Agreement Establishing the World Trade Organization （WTO）, members should allow ＂for the optimal use of the world＇s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development.＂
