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5. Conclusion
Any conflict in this world has emerged from particular backgrounds. It is not doubtful that the GATT regime has promoted the efficiency of global resource and the growth of the world’s wealthy. After the creation of WTO, by superficially analyzing, this trade community has received more and more interventions relating to environmental interests. If the analysis penetrate through the surface, it reveals that the explanation for the stalemate within CTE lies in conflicts within and between states; the unilateral actions has been taken not only under the pressures from environmental interest groups but also from domestic industrial groups. If the deadlock continues to exist in the process of decision-making, it is unrealistic to require the WTO to be adequately able to reconcile the trade-environment conflicts. Although the dispute settlement system and the jurisprudence of WTO has taken a great progress, the WTO has not been a neutral judicial institution. The WTO members should take more cooperation, transparency and understandings.
Environmental interest groups should not blame the WTO as the cause of environmental degradation. Providing that the trade liberation was the principal evil to environment, it would be more wrongful to trust a trade organization to settle the environmental matters. Providing that the trade liberation was good for environment, it was not necessary to put too many burdens or pressures on the WTO panels as well as AB. However, the WTO has adopted a more transparent approach to dealing with disputes. In the future, the participation of nongovernmental organizations and the environmental experts are welcome. The trade experts would sit together with the environmental experts to assess the impacts of decisions on both sides of trade-environment. It is presumed that the decisions would be more democratic and legitimate.
If environmentalists still treated the WTO lacking of ability to reconcile the conflicts, they should put the pressures on their governments to introduce MEAs, to create competing environmental dispute solution regime, or to device a World Environmental Organization. The WTO should make interpretations more clear and practicable in order to avoid any further conflict arising from vague language.
【参考文献】Bibliography: Books: - John Alder & David Wilkinson, Environmental Law & Ethics (Macmillan Press: 1999) - P. W. Birnie & A. E. Boyle, International Law and the Environment, 2nd , (Oxford: 2002) - Duncan Brack (edited), Trade and Environment: Conflict or Compatibility?, (Earthscan Publications Ltd, London: 1997) - James Cameron (edited), Trade and Environment: Bridging the Gap, (Earthscan Publications Ltd, London: 1997) - Andrew Dunnett, Understanding the Market: an introduction to microeconomics 3rd ed (Pearson Education: 1998) - Howse,
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