The Influence Of The Green Barrier On China In WTO

Since 1980s' the trend of economic globalization increased rapidly and the trend of free trade brought almost every country great influence. Meanwhile environmental issue has become one of the focuses of the whole world. In order to harmonize the relationship of trade and environment, promote sustainable development of the whole world, WTO gradually pays more attention to its environmental protection clauses provided in its agreements, and the resolutions of disputes concerning environment & trade. In utilizing environmental protection clauses, WTO also reveal its emphasis on environmental protection and the trend of recognizing trading measures concerning environmental protection subject to certain conditions.WTO environmental protection clauses restrict and regulate trading measures concerning environmental protection—Green Barrier, which attracts great concern 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 and environmental protection. Therefore, Green Barrier finds its lawful status in WTO system, subject to the precondition that its enforcement should conform to the prescriptions of WTO environmental protection clauses.As a developing country, China has confronted with Green Barriers initiated 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 to our country. The conflict between environment and trade has been influenced and will influence our country for a long period of time. While on the other hand there exists many limitations in our country's Environmental Law, which causes great trouble in coping with the problems of green barrier and cross-border pollution transfer. So it's beneficial for our country to study the legal conflict between environment and trade. The whole article is divided into four chapters and includes 32493characters.The author used the analyzing method of antithesis and instantiation to analyze the relationship of environment and trade, the harmonizing method of WTO to the conflict and the influence on our country. At the end of the article, the author offers some suggestions on how to cope with the green barrier and how to construct the Environmental Protection Law of our country.The first chapter analyzed the conception of Green Barrier. This barrier is a series of trade-control polices and rules to prevent the environment from being damaged made by many countries especially some developed countries. These police and rules will cause barrier to the other countries especially some developing countries but on the other hand they are also beneficial for environment protection and effective in promoting the development of environment protection law.The second chapter studied the attitude of WTO towards Green Barrier through analyzing the adjudications made by DSB. Green barrier has get a lawful status in WTO and WTO support proper green barriers, which means all countries especially developing countries should pay more attention in environment protection and made more rules concerning it.The third chapter analyzed the influence green barrier on our country. The first part studied the influence of green barrier on our country and analyzed the reason. The second part studied the harm of cross-border environment pollution brought by international trade to our country.The forth chapter offered some suggestions on how to cope with the green barrier and how to construct the Environmental Protection Law of our country.