Harmonization Of International Trade And Environment Protection From Legal Angle

With the deterioration of worldwide environment, environmental problems attract more and more attention of people. And environment protection and sustainable development have been cherished as the common wish. At the same time, in the field of international trade, trade has become the source to cause the environment problems, for example, international trade serving as a tool to transfer pollution and to plunder resources and so on, which enables international trade and environment to become a contradiction. On the other hand, some countries, especially the developed take some measures on environment protection that act as the barrier between their trade and the developing and contradict with the basic rules of free trade. Therefore, how to harmonize the relationship between international trade and environment protection will not only play a critical role in dealing with the relationship between the developed and the developing, but also is an important project on human development.Since the 70's of last century, despite many countries has never give up many methods to practice trade protectionism, free trade has been the most important rule in international trade. With the voice of environment protection rising, however, environment has become the primary standard in dealing with relevant problems. The debate on that environment protection and trade should be prior becomes one of the hottest topics in international trade and environment. As far as the writer am concerned, she think that although international trade and environment contradict with each other, they coordinate with each other on the base, that is, they both aim at the living and development of human being. But that doesn't say that the contradiction between them will be solved automatically, the complexity of the two needs moremethods.Second, the attempts on harmonizing international trade and environment have begun in last century. Many international organizations have taken effective action and have accumulated much experience. The writer sets GATT/WTO as an example, look over the related regulations under the multi-trade framework. Then she examines the practice of multi-trade on international trade and environment and concludes its experience on it. Multi-trade is a platform whose aim is to promote free trade. In spite of many achievements in dealing with international trade and environment, its basic character keep itself from becoming the best platform of harmonizing international trade and environment protection. While examining the multi-trade, the writer also reviews the development of multi-environment conventions in dealing with international trade and environment protection. Due to the lack of the independent executive and judicial organization in it, its regulation can't be fully executed in practice. So the limitation of multi-trade conventions fail to becomes the optimal organization on dealing international trade and environment.Based on the examination and analysis above, the writer puts forward the methods to harmonize the international trade and environmental protection. On the microcosmic aspect, the internality of environmental cost can solve the environment pollution brought by the negligence of environment ingredient and such methods as charging the polluter, fixing a price for resources and imposing environment tax and so on. On the macroscopic aspect, the writer thinks human being should build World Environment Organization to harmonize the conflicts between international trade and environment, which is independent from multi-trade system and multi-environment conventions. In this case, the problems between international trade and environment can be solved to avoid the preference of multi-trade system and the ineffectiveness of multi-environment conventions. Thus the problems can be solved completely.The difficulty in dealing with international trade and environment lies in not only its complexity, but also the conflicts between the developed and the developing. While introducing the conflicts between the developed and the developed, last chapter focuses on the reality of the developing and their countermeasures and then advancesthe measures that our country should take. As to the problem between international trade and environment, proper measures will not only enable our country to get rid of the embarrassment caused by " green barrier" in international trade, but also prompt our country to launch an innovation in trade frame so that our competitiveness in world trade market. Anyway, how to harmonize international trade and environment is a complicated and systematic system and the writer hopes that this thesis may contribute to the sustainable development of our country.