An Influence Of Green Barriers Of The Trade On China's Environmental Laws

The theme concerning the relationship between trade and environment has been a hot topic discussed globally as well as a challenging issue in WTO in recent 10 years. Trade and environment are either mutual dependent or mutual conflict. The development of trade is able to have environments and resources allocated reasonably and utilized fully in the world, and the increase of trade can widen sources of fund and raise the income per capita, which can enhance people's idea to protect environment. Meanwhile, international trade concerning facilities of environmental protection and extension concerning technologies of environmental protection are helpful to have ecological problems solved. The establishment of WTO makes many tariffs not work, and open market, free trade, cut tariff and reduced other tariffs have become basic principles in international trade. However, an integrated global economy and free trade without barrier is only an ideal. From a view of state sovereignty, every nation always takes all advantages to realize her interest. The state interest is the highest theme in international trade and environmental problem is only an excuse. Green barrier is one of the ways concerning trade protection based on the above principles.In part one of the paper, the relationship between international trade and environment is analyzed in depth and thought in jurisprudence, and the inevitability of green barrier in international trade is pointed out; The concept, way and characteristics concerning green barriers in international trade are further described; The legal basis of green barrier in international trade is analyzed and the nature of green barrier in international trade is induced in an all-around way.In part two of the paper, challenges faced and chances provided with China's entry into WTO are discussed by listed data and cases,; a rethinking to main environmental laws related with trade is taken by briefly analyzed problems in China's laws concerning environment.In. part three of the paper, main legal counter- measures are put forward by an analysis to go over green barrier in international trade; some suggestions are provided for perfect and reconstruction of specified environmental laws as well as the establishment of China's own green barrier of trade.Green barrier in international trade is a double- edged sword with good side and bad side for every nation. We should not consider its disadvantage regardless its advantage. We should consider it in an all-around way so that we can make right decision to solve the problem.