The issue of tensions between market access and environmental protection is relatively new focus in the domain of international trade. This article suggests solutions to this conflict within the WTO framework so that while pursuing the goals of free trade and promoting development of economy the objective of 'sustainable development' can be achieved at the same time. This article includes an introduction, the main body (three chapters) and conclusion. j The Introduction starts by describing the development of the regimes of market access and environmental protection; it goes on to analyze the causes of the tension between the two and finally emphasizes the importance of resolving this tension within the World Trade Organization (WTO) framework. Chapter One elaborates on the existing principles, regulations and exception in the WTO framework and states that these regulations cannot live up to expectations of the developed countries and environmentalists. The conclusion is that it is impractical for the developing countries to avoid this issue. Chapter Two starts with an inquiry into the crux of tensions between free trade and environmental protection. It goes on to enlist different proposals by academic scholars and compare these principles' application in European Community Treaty (EC) and North American Free Trade Agreement (NAFTA), hoping to resolve the tensions between market access and environmental protection. Chapter Three summarizes academic proposals and experiences of EC and NAFTA and discusses possible practical resolutions within WTO including both short-term measures and long-term ones. This chapter concludes by suggesting possible courses of action for China that could allow it to sustain the 'green challenge.' The Conclusion discusses the objectivity and unavoidability of the tensions between the free trade and the environment protection and reinforces the importance of resolving the problem within the WTO framework as well as the necessity of amending related regulations and harmonizing environmental standards of the WTO members.

The issue of tensions between market access and environmental protection is relatively new focus in the domain of international trade. This article suggests solutions to this conflict within the WTO framework so that while pursuing the goals of free trade and promoting development of economy the objective of 'sustainable development' can be achieved at the same time. This article includes an introduction, the main body (three chapters) and conclusion. j The Introduction starts by describing the development of the regimes of market access and environmental protection; it goes on to analyze the causes of the tension between the two and finally emphasizes the importance of resolving this tension within the World Trade Organization (WTO) framework. Chapter One elaborates on the existing principles, regulations and exception in the WTO framework and states that these regulations cannot live up to expectations of the developed countries and environmentalists. The conclusion is that it is impractical for the developing countries to avoid this issue. Chapter Two starts with an inquiry into the crux of tensions between free trade and environmental protection. It goes on to enlist different proposals by academic scholars and compare these principles' application in European Community Treaty (EC) and North American Free Trade Agreement (NAFTA), hoping to resolve the tensions between market access and environmental protection. Chapter Three summarizes academic proposals and experiences of EC and NAFTA and discusses possible practical resolutions within WTO including both short-term measures and long-term ones. This chapter concludes by suggesting possible courses of action for China that could allow it to sustain the 'green challenge.' The Conclusion discusses the objectivity and unavoidability of the tensions between the free trade and the environment protection and reinforces the importance of resolving the problem within the WTO framework as well as the necessity of amending related regulations and harmonizing environmental standards of the WTO members. / Law, Peter A. Allard School of / Graduate

During the last fifty years trade liberalization has stimulated different levels of industrial and technological development and economic growth around the world. However, during that same period, the world has witnessed a rapid degradation of the environment and an excessive exploitation of natural resources. The urgency of the situation requires the reconciliation of trade liberalization and environmental protection goals. / In this context, on January 1, 1994, the North American Free Trade Agreement entered into between Canada, Mexico and the United States came into force. This agreement has significant environmental content and includes a side agreement on environmental matters. This new framework of environmental protection is serving to reconcile trade and environmental goals in the region, and is shaping the new legal framework for environmental protection and enforcement in Mexico.

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The present thesis deals with the international legal consequences of the Biosafety Protocol. If this Protocol answers the problem of GMOs, by enforcing the application of the precautionary principle to the international trade of genetically modified organisms (GMOs), it does not solve the conflict between the interests of trade and those of the environment. On the contrary, the Biosafety Protocol conflicts with the rules of the GATT and the national norms inspired by it would risk being contested before the dispute-settlement institutions of the World Trade Organisation. The Protocol therefore constitutes a new element in the conflict, pre-existing and unsolved, which sets the implicit supremacy of the GATT against the international environmental norms. It confirms the necessity to find a solution enabling the equal authority and mutual respect of the international environmental and trade rules. / All information is correct as at 14 November 2000.

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A major problem emanating from the trade/environment conflict is the use of trade measures, such as restrictions and sanctions, as tools for environmental protection. Proponents of free trade argue that the use of these measures is tantamount to abuse of environmental standards for protectionist ends. This is particularly so if the imposition of the standard amounts to a unilateral act which blocks the entry of a specified product into the market of another member state for reasons other than environmental protection. Environmentalists at the same time argue that free trade will lead to environmental degradation and therefore advocate for the use of trade-restrictive measures to safeguard against the destruction of the environment. The GATT has proved problematic when it comes to the resolution of trade/environment conflicts. The GATT aims at trade liberalisation yet most environmental policies are enforced through trade-restrictive devices like quotas and licences. Article XX of the GATT is anomalous: it does not explicitly mention the environment, yet member states rely on it as an environmental protection clause. This thesis discusses the various issues emanating from the trade/environmental debate. The history of Article XX is reviewed and the issues that arise in the adjudication of Articles XX (b) and (g) in a trade/environment context are analysed in light of the decisions by the GATTIWTO dispute settlement bodies. The role played by Multilateral Environmental Agreements (MEAs) in protecting the environment is discussed. However, the relationship between MEAs and the WTO is also scrutinised as these rule-making bodies often come into conflict: firstly, because they serve two differing interests - on the one hand, MEAs allow for the use of trade restrictive measures in environmental agreements and on the other, the WTO calls for unrestricted trade unless exceptional circumstances exist; and secondly, member states that are party to both the WTO and MEAs are often forced to subscribe to international trade rules that are incompatible with those in environmental agreements. The trade/environmental debate is important to both the developed and developing worlds. The developed world is in favour of environmental policies which protect the environment from degradation. On the other hand, the developing world is in desperate need of the benefits of trade liberalisation so as to cater for high unemployment rates and poor economic growth. The question thus arises as to whether, when environmental issues are promoted, developing countries will not suffer at the expense of developed nations which may engage in protectionist measures under the pretext of environmental conservation. The divide between developed and developing countries is illustrated in Chapter 5 through case studies on coal mining in the USA and South Africa. The conclusion reached is that total co-operation is essential between developed and developing states for success in safeguarding the environment from degradation. Accordingly, the trade/environmental debate cannot be isolated from the conflicting approaches in developed and developing countries. The conclusions in the final chapter seek to strike a balance between trade liberalisation and environmental protection. Recommendations are made on how the trade/environmental challenges could be dealt with and the regulation of trade restrictive devices to exclude, or at least limit, protectionism.

University of Macau / Faculty of Law