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Mexico asked for a panel in February 1991. A number of “intermediary” countries also expressed an interest. The panel reported to GATT members in September 1991. It concluded:
“That the US could not embargo imports of tuna products from Mexico simply because Mexican regulations on the way tuna was produced did not satisfy US regulations. (But the US could apply its regulations on the quality or content of the tuna imported.) This has become known as a ‘product’ versus ‘process’ issue.
That GATT rules did not allow one country to take trade action for the purpose of attempting to enforce its own domestic laws in another country — even to protect animal health or exhaustible natural resources. The term used here is ‘extra-territoriality’.”
VII. CONCLUSION
When human face many environmental challenges, how to balance the interest of trade and natures resource, living conditions have not be slipped any more. Countries should be tied up to provide some measures to protect the environment. All countries, regions and international organizations should positively provide an international cooperation.
The WTO is a trade rules system initially (not a specific environmental agreement), provides trade-related environmental rules, and uses trade measures to protect the environment. The relationship between WTO and MEAs includes conflicts and cooperation. In the future trend, international cooperation still has a benefit to the whole humans.
【参考文献】BIBLIOGRAPHY
D. Brack International Trade and the Montreal Protocol Earthscan Publications Ltd, London 1996 P66
OECD Documents Trade and Environment: Processes and Production Methods, OECD Publications, Paris, 1994
S. Charnovitz, GATT and the Environment Examing the Issues, also see http://www.ciesin.org/docs/008-061/008-061.html last visit on 15 Aug 2003
S.Charnovitz, The World Trade Organization and Environmental Supervision, International Environment Reporter, 89-93, Jan. 26, 1994, also see http://www.law.ufl.edu/cgr/envirotrade_seminar/Charnovitz.htm last visit 15 Aug 2003
S. Charnovits Environmental Trade Sanctions and the GATT: an Analysis of the Pelly Amendment on Foreign Environmental Practises, from Additional Essays on Whales and Man, High North Alliance, 1995. This is an edited version of an article presented in The American University Journal of International Law and Policy, Volume 9, Number 3, Spring 1994, also see http://www.highnorth.no/Library/Trade/GATT_WTO/en-tr-sa.htm last visit on 17 Aug 2003
S. Rafi Khan (Editor), Trade and Environment: Difficult Policy Choices at the Interface, Zed Books Ltd, London & New York, 2002
WTO Secretariat, Special Studies 4—Trade and Environment, WTO Publications 1999, (also see at http://www.wto.org last visit on 7 Aug 2003)
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