A Legal Problem Into Green Trade Barrier

With the rapid development of trade liberalization all over the world, various tariff and non-tariff measures used as trade barriers have been restricted or totally forbidden by WTO. Meanwhile, the green trade barrier has been the main barrier of the international trade, especially making the developing countries such as China confronted with more passivity and disadvantage. Therefore it is necessary to pay more attention to the theoretical study of green trade barrier so as to eliminate its negative impacts, settle trade disputes and ultimately realize the harmonious development between global trade liberalization and environmental protection.Firstly, this article generalizes the principle, the causing factors, the international legal sources, the external forms and the characteristics of the green trade barrier. Secondly, by discussing its influences on internatiaonal law and our country, the auther analyzes the active and negative impacts of the green trade barrier. Thirdly, the article discusses the resolving methods from international aspect, holding that it is essential to perfect the green clauses of GATT/W TOand harmonize the conflicts of the substantial regulations between MEAs and GATT/W TO. Finally, according to the actual situation in China, the article puts forward legal countermeasures to deal with theissue of green trade barrier, proposing that China, on the one hand, should actively participate in the international law-making activities on related issues and solve the international trade disputes caused by green trade barrier by using dispute settlement mechanism of WTO, on the other hand, should further perfect domestic legislation on trade and environment, establishing a legal system of environmental protection with Chinese characteristic,reforming and perfecting Chinese environmental administrative and judicatory system, improving the level of law-executing as well as constructing greentrade barrier in China.