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从理论上看,贸易自由化与环境保护的关系主要表现为两种价值观的对立;在法律上,尤其是在国际法领域,贸易与环境的关系表现为规则的冲突。在以推动自由贸易为宗旨的世界贸易组织内,这种冲突通常体现为成员国采取限制贸易的环境措施而直接导致争端。分析WTO解决这些争端的实践,可以发现,现行多边贸易体制对处理环境与贸易冲突的争端有了新的发展,主要体现在WTO争端解决机构对GATT1994第20条导言、第20条b款和g款的应用和解释。
In theory, the relationship between trade liberalization and environmental protection is mainly manifested in the confrontation of two values; in law, especially in the field of international law, the relationship between trade and environment is manifested as the conflict of rules. In the World Trade Organization, which aims to promote free trade, such conflicts are usually reflected in the fact that Member States are the direct result of disputes through environmental measures that restrict trade. Analyzing the WTO’s practice of settling these disputes, we can see that the current multilateral trade regime has made new development in the dispute settlement of environment and trade conflicts, which is mainly reflected in the WTO dispute settlement agency’s introduction of Article 20 of the GATT 1994, Article 20 b and g Application and explanation of the paragraph.