摘要
WTO争端解决机制在处理与环境问题有关的贸易争端方面已具备一定经验,但近年来,国际环境情势的变迁,使这一机制不得不考虑其作为人类事务逻辑链上一环的作用,认真审度"贸易与环境"问题的裁量标准,"中国—原材料出口限制案"或是一次挑战性的尝试。本案中,该机制既要依循WTO规则保障申诉方的贸易权益,也要考虑被诉方国内环境政策的目标和价值,为此,须着力解决好一些左右其裁量标准、进而影响其裁决结果的根本性问题。
The WTO Dispute Settlement Mechanism has had some experiences on settling disputes related to environmental issues. However,the great changes of global environment situation in recent years demand this Mechanism carefully consider its own functions as a link of the logic chain of human affairs and deliberately weigh its standards for ruling the ＂trade and environment＂ issues. The contemporary case,＂China—Measures Related to the Exportation of Various Raw Materials,＂ seems to be an attempt with challenges for itself. In this case,the Mechanism not only shall observe the WTO rules so as to safeguard the rights of the complainants but also should take into account the target and value of the defendant＇s domestic environmental policies,therefore,it has to measure those essential problems which will surely influence on the standards as well as the result of its ruling.
关键词
WTO争端解决机制
贸易权益
环境政策
可持续发展
WTO Dispute Settlement Mechanism
rights to trade
environmental policy
sustainable development
