WTO體系與國際環境法之互動（一）WTO下SPS協定與生物安全議定書之關係－以預防原則之解釋適用為例

Abstract

Rapid development of modern biotechnology raises a series of environmental problems, particularly in the transport of living modified organisms cross-border controls. Furthermore, it is the issue related to international trade on a certain extent, that is, under the provisions of both SPS Agreement and Biosafety Protocol. On the other hand, the Biosafety Protocol asks all Members to complete their own specific risk assessment standards; however, in stark contrast, the goal of the SPS Agreement is to reconcile the different national quarantine standards and to attempt to clear international standards. Even though the consultation process of the Biosafety Protocol reconciles the difference, with regards to the content of precautionary principle, two agreements have not yet reached a consensus.This thesis tries to discuss the coordination between the two agreements. Not only does the thesis avoid vague theory that probably neglects the relevant applicable provisions, but observe the conflict and find the solution through the specific interpretations of the agreements. In such research methods, the implementation of a series of measures of the Biosafety Protocol is likely to comply with the exception of restriction on free trade, and the applications of the two international agreements may not be conflicted at all.