This study was examined on recently ratified, well-known, strongly legal binding UN Framework Convention on Climate Change․Kyoto Protocol among the International Environmental Agreements. In particular, Kyoto Protocol has an greatly significance bec...
This study was examined on recently ratified, well-known, strongly legal binding UN Framework Convention on Climate Change․Kyoto Protocol among the International Environmental Agreements. In particular, Kyoto Protocol has an greatly significance because it embodies and facilitates the implementation of two objectives as sustainable development and environmental protection through the of Kyoto mechanism(Joint Implementation, Clean Development Mechanism, Emissions Trading) which operate emission reduction business and permit emissions trading between limited countries.
First of all, whereas we can easily judge whether or not a substantial number of International Environmental Agreements(IEA) violate WTO rules because approximately twenties of IEA regulate clearly and directly trade restrictions, UN Framework Convention on Climate Change․Kyoto Protocol don't so. Therefore, I reviewed internal several measures of each country which are in operation or will be forecasted, for accomplishment of the objective, the implementation of UN Framework Convention on Climate Change ․ Kyoto Protocol of the consistency with the relevant WTO rules(NT, MFN, General Elimination of Quantitative Restrictions, General Exceptions on GATT and GATS, TRIPS Agreement, SCM Agreement, SPS Agreement, AOA).
As a result of the examination, I drafted possible solutions on the WTO level(WTO rules amendment ․improving of the system and institution) for harmonizing with DDA which will be the system of WTO hereafter and on local policies(focusing on existing laws) in question.
In relation to the former, we need to rebuild the function of the Committee on Trade and Environment(CTE) and try to find cooperation program with UN. Furthermore, Although WTO dispute settlement procedures have not been used on the ground of specific trade obligations set out multilateral environmental agreements, we should include dispute settlement procedures on international environmental agreement in WTO rules after classifying according to dispute types because we can anticipate well enough that disputes associated with it will be increased. For the supplementation of these proposals, We should also harmonize it with Amicus Brief expressed in the NGO panel reports and appellate body reports so far.
In connection with the latter, there are severally relevant laws and instruction of the Prime Minister for implementation of UN Framework Convention on Climate Change ․ Kyoto Protocol, but they are regulated partially or indirectly. In addition, lawmakers, policy makers and public officials could make decisions and take follow-up measures on local subsidies violating agreement on SCM in the course of carrying out it above mentioned internal laws because government subsidies are provided, inter alia, in various internal laws. Therefore, we should reorganize them for synthetical and overall promotion of policies in relation to implementation of Kyoto Protocol which are scattered in several laws and establish a special law for global warming prevention after the manner of Japan's case.
Moreover, above mentioned FTA has little possibility of disaccording with International Environmental Agreements. However, we should not only declare FTA environmental provisions but provide concrete implementation regulations in foreign and internal FTAs in the future, taking account of the FTA, constituting an important grouping of international economy order.