The Influence Of The Legal Conflict Between Environment & Trade Under WTO On China

Since 1980s' the trend of economic globalization increased rapidly and thetrend of free trade brought almost every country great influence. Meanwhileenvironmental issue has become one of the focuses of the whole world. In order toharmonize the relationship of trade and environment, promote sustainabledevelopment of the whole world, WTO gradually pays more attention to itsenvironmental protection clauses provided in its agreements, and the resolutions ofdisputes concerning environment & trade. In utilizing environmental protectionclauses, WTO also reveal its emphasis on environmental protection and the trend ofrecognizing trading measures concerning environmental protection subject to certainconditions. WTO environmental protection clauses restrict and regulate tradingmeasures concerning environmental protection----Green Barrier, which attracts greatconcern of almost all the countries in the world, especially the developing countries.We can see the attitudes and opinions of WTO in the harmonization of free trade andenvironmental protection. Therefore, Green Barrier finds its lawful status in WTOsystem, subject to the precondition that its enforcement should conform to theprescriptions of WTO environmental protection clauses. As a developing country, China has confronted with Green Barriersinitiated by developed countries, and suffered great loss as a result. At the same time,polluting industries and contamination has been imported and now being imported toour country. The conflict between environment and trade has been influenced and willinfluence our country for a long period of time. While on the other hand there existsmany limitations in our country's Environmental Law, which causes great trouble incoping with the problems of green barrier and cross-border pollution transfer. So it'sbeneficial for our country to study the legal conflict between environment and trade. The whole article is divided into four chapters and includes 3,3716 characters.The author used the analyzing method of antithesis and instantiation to analyze therelationship of environment and trade, the harmonizing method of WTO to theconflict and the influence on our country. At the end of the article, the author offerssome suggestions on how to cope with the green barrier and how to construct theEnvironmental Protection Law of our country. The first chapter analyzed the relationship between environment and trade. Theauthor pointed out that the quiddity of it is the conflict between developed countriesand developing countries, which provided a foundation to harmonize the relationshipof environment and trade. The second chapter studied the method of WTO in harmonizing the legalconflict between environment and trade. The author analyzed the developing of theattitude of WTO to this problem by focusing on stipulations of WTO on green barrier.This development offers a direction for developing countries in coping with theproblem of environment and trade. The third chapter analyzed the influence of the legal conflict betweenenvironment and trade on our country. The first part studied the influence of greenbarrier on our country and analyzed the reason. The second part studied the harm ofcross-border environment pollution brought by international trade to our country. The forth chapter offered some suggestions on how to cope with the greenbarrier and how to construct the Environmental Protection Law of our country.