On The Perfection Of The Green Barrier Law System Of Our Country

Green economy nowadays is gradually becoming the mainstream of global economy in the 21st century. Every country especially developed countries set higher green environment standard on the quasi-import products while developing their own green economy. The products that can't meet the green environment standard will be kept out of the door. The green environment standard becomes the protective screen of environment as well as the encumbrance of international trade.WTO, as the largest trade organization in the world, which advocates equal and non-discrimination trade principle, claims that tariffs should be canceled and the impact of non-tariffs barriers on trade should be reduced as much as possible and expects free trade among countries which could bring advantage to every member country .meanwhile, facing the deterioration of natural and ecological environment as well as the extension of pollution, GATT and WTO realize that the international trade without environmental protection restriction could be unfavorable to realize global economy sustainable development and the green international trade changes. Regulations that can limit international trade be made in the relative documents of GATT and WTO accordingly, which is the legislative authority of the green barrier."Free and order" are always two opposite terms, which is also applicable to international trade. The understanding of green barrier must be rational and objective. This paper will divide the green barrier into two kinds: First, rational green barrier, the implementation according to the regulation of GATT and WTO , namely the implementation of green barrier is to protect global ecological environment , and the health and security of human, animals and plant's life; Second, hostile green barrier, namely to take measures to limit other countries trade and protect domestic market and relevant industry by using the environmental protection exceptional right from GATT and WTO. This paper will analyze the reasons which made the two different kinds of green barriers come into being respectively, based on which analyze its value from two points of view of environmental protection and international trade. The current situation made our country difficulty to handle green barrier. As a developing country ,facing the relatively lag of economy and technology, we should protect domestic market and trade interest, meanwhile set up Chinese legal system of green barrier to protect domestic market legally according to the relevant regulations of GATT and WTO. This paper mainly introduces the theory above mentioned, and gives its analysis form two points of view of domestic law construction and international law construction. At last makes it own suggestions on how to construct Chinese green barrier system.