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Study On The Legal Problems Of PPM Criterion

Posted on:2006-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y CengFull Text:PDF
GTID:2166360155972705Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
PPM is the special criterion on environment protection for the production process. It is the technical requirement on environmental protection during productive process before the products are put on market. The discharging of waste water, exhaust fume and deserted coals should be limited to a certain extent. Production should be carried out with advanced technology on cleanliness. The forest should be regulated in a sustainable way. Animals should be hunted without the injury of other creatures. Nowadays, some developed countries take the advantage of domestic PPM criterion to reject the products made in developing countries. Therefore, in order to remove this trade barrier concerning environmental protection, how can we better the legislation on PPM criterion in our country? That is the subject of my thesis. Since the domestic guidance on PPM criterion is antiquated, in my opinion, we should conform to our current situation with the guidance of sustainable development theory, strengthen the national legislation and encourage the local legislation simultaneously. Only on this basis can we find a way which is suitable for our situation and in harmony with the rules of WTO and MEA. This thesis consists of four parts. Part one is the summary of PPM criterion. Since there are not so many controversies on PPM criterion, according to the OECD stipulation, it can be divided into two types: product-related PPM or PR-PPM and non-product-related PPM or NPR-PPM. The existence of the two types of PPM is based on the same theories and social causes. After having been punished by nature, human beings began to realize the importance of the theory of sustainable development. And the governments proposed a environmental concept called 'from cradle to grave',that is, to give priority to guarding against environmental protection and administer the whole process of environmental protection. PPM legal system just conforms to this new environmental protection idea. Thus we can find the trace of PPM criterion in WTO rules, MEA and the legislations in some countries. At the same time, the author analyses the developing tendency of PPM legal system and its influences upon trade. They are the positive and the negative influences. It is these two influences that make this essay significant for practice. Part two is the present situation and comments on PPM in WTO, MEA and the legislations of some countries. PPM in WTO rules mainly lies in TBT and SPS .WTO rules insist that 'similar products 'should be protected by the principle of non-discrimination ,whether its production process and means have contaminated the environment or not. One country can't limit the import commodities from other countries which can't reach the due criterion, because this kind of action violates the basic principles of WTO. Obviously it goes against the aim of protecting environment in MEA. Rules in MEA permit one country to take the unilateral measure for banning the import commodities which can't reach the NPR-PPM. It can be seen that there exists the conflicts between WTO and MEA about PPM. The author thinks the essential cause for the conflict is the two have different purposes and advances three kinds of measures to resolve the conflicts. Part three returns to the current situation in China. The present PPM legislation has been analysed in this part. With the strong economic power, the developed countries make use of PPM to limit trades, which have exerted influence upon China's foreign trades. On one hand, it results in the decrease of export commodities and the increase of the import wastes. On the other hand, this action will improve the green industry and the international capacity of competition of China. Therefore, we should take two kinds of attitudes towards PPM. On one hand, we must firmly fight against any trade barrier in the name of PPM. On the other hand, we should improve the legislation on PPM suitable for our country. However, the premise of improving it is to analyse the present situation of PPM. In my opinion, the present situation of PPM is : â‘ The guidance of PPM legislation is antiquated . â‘¡The legislation of PPM cannot be easily operated. â‘¢The legal system of PPM on environment needs improving, â‘£PPM criterion inclines to be low. The fourth part aims to explore how to perfect the legal system pertaining to PMM of our nation. The author holds that we should construct legal system of PMM standard in conformity with our nation's current conditions on the basis of the existing legal system and in line with the guiding principle. First, we should be aware that the theory concerning sustainable development is the guiding principle for improving the relevant legal system. Second, four basic principles should be established. They are the principle of internalizing environmental cost, the principle of international cooperation, the principle of feasibility and the principle of giving priority to guarding against environmental pollution. These principles help to establish a favourable circulating system aiming at sustainable development. In this system, the protection of environment and the development of foreign trade should be made to promote each other. Last, the author has proposed some concrete means to strengthen legal system related to PPM standard. For instance, we should perfect the legal system of PPM standard and further improve the system of sanitary production and environmental signs. On the basis of these systems other relevant systems should be reinforced.The supporting laws and regulations related to PMM in our nation as well as the operational mechanism of PPM standard legal system also need to be improved.
Keywords/Search Tags:PPM, Sustainable Development, Green Trade Barrier, System Construction
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