Harmonization of Trade and Environment through Judicial Interpretation of General Exceptions under the WTO

This article is to consider whether it is possible or not to seek harmonized resolutions of trade and environmental conflicts through the dispute settlement process within the WTO mechanism, considering the practical difficulty to relate legally the multilateral environmental agreements (MEAs) with the WTO provisions. These resolutions are discussed under the presumption that environmental issues in the WTO are better served under a "one-pillar" concept with the WTO as a sole column rather than "two-pillars" idea with WTO and the created world environment organization. The considerations are focused on the review of the GATT/WTO judicial interpretations of the related provisions including Article XX of the GATT to harmonize trade and environmental conflicts, from which the possibility to seek harmonized resolution through the dispute settlement process would be inferred. Summarizing the cases dealt in the dispute settlement procedures at the GATT, the justification of trade measures aiming at environmental protection had been strictly interpreted. Consequently, GATT/ WTO mechanism has been accused of its negative attitude against environmental protection. Fortunately, however, since the launch of the WTO, trade measures for environmental protection in several cases have been justified through the WTO's progressed judicial interpretation. This progressive interpretation on the related provisions is meaningful considering the fact that it offered driving force to revolute the nature of the dispute on trade and environment. Such an interpretation is substantially evaluated to improve the value of the sustainable development and environmental protection.