Study On The Green Trade Barrier And The Legal Countermeasures Of Environmental Law Against The Green Trade Barrier

Green trade barrier is a kind of non- tariff trade measure aiming at environmental protection. The performance of green trade barrier can be figured out as forms of the green tariff,the market admittance, the environmental technique standard,the environmental symbol, the green packing, the green quarantine,the green subsidy and anti-subsidy etc.The article 20s of GATT,the environment clauses in the GATT/WTO framework(ERTMs) and the trade clauses in Multilateral Environment Agreements(TREMs) constitute the legal sources of the green trade barraier. The green trade barrier have the extensive and solid history background and social foundations.It is also supported by the ecosystem ethicses, the theory of Internalisation of environmental costs and the national environment right. But applying green trade barrier objectively result in baffling trade. Honestly say, both the ecosystem philosophy and the Internalisation of environmental costs theory prove the justice of green trade barrier. The notion of the whole society over-emphasizing the efficiency and neglecting the value of environment makes our environment law have limition.It is the reason why the green trade barrier bring about the very disadvantageous influence on our trade, economic structure and the ecosystem environment. The legal countermeasures of environmental law agaist the green trade barrier should begin with changing the goal of environmental legislation,and then introduce maket mechanism into environmental legislation,perfect the Cleaner Production Promotion Law, Internalise environmental costs, follow the way of sustainable development. Meanwhile,we must build and perfect the trade-related environmental protection system and rationally establish our green trade barrier.