Title: The Precautionary Principle under the WTO Legal Framework: Legal Status and Application

Author: Yuan Xingzhong

Abstract: As the relationship between environment and trade becomes increasingly closer, the precautionary principle that was rooted in environmental law has gradually progressed into the international trade legal system represented by WTO laws. Under this principle, where scientific evidence is insufficient, countries are entitled to adopt precautionary measures during the import and export quarantine of animals and plants to protect human life or health and environmental security. Since this principle has somewhat exceeded the scientific evidence principle, its legal status and application under WTO laws has always been disputed. Based on sorting relevant international treaties, domestic legislation, and international judicial precedents, it is found that the precautionary principle is evolving into a general principle under WTO laws. Paragraph 7, Article 5 of the SPS Agreement has become a foundation connecting this principle and WTO laws. Further expanding the application of the precautionary principle under WTO laws is profoundly significant for addressing issues arising between environment and trade.

Keywords: WTO Laws, Precautionary Principle, Scientific Evidence Principle, SPS Agreement, Risk Assessment