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The Legal Analysis Of Green Barrier

Posted on:2008-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:L Y WuFull Text:PDF
GTID:2166360215466406Subject:International law
Abstract/Summary:PDF Full Text Request
Green Barrier is a concept coming along with the daily intensification of the contradictory of international trade and the environment question. The writer points out that the reason why people cannot recognize Green Barrier clearly is that Green Barrier and WTO Environment Exception Measure are always confused. And it summarizes the methods of distinguishing Green barrier from WTO Environment Exception Measure on the basis of analyzing the WTO Environment Exception regulations.This thesis employs the concept of Green Barrier as its ground, demonstrating that Green Barrier should be defined in a narrow sense. And it also analyzes the causation of the emergence of Green Barrier. The appearance and deterioration of Green Barrier is effects of the combination of different and complicated factors. And after this, the thesis brings forward the criteria of distinguishing Green Barrier and rational and legal WTO environmental exceptional measures. The latter should conform to the Most-Favored Nation Treatment Principle and National Treatment Principle, and treat all like product from any other countries equally without discrimination and no less favorable to domestic like product. Besides, the marked difference in development stage and environment technique level between developing countries and developed countries should be taken into consideration and special preferential treatment should be endowed to developing countries. The proportion principle is also deviated to distinguish Green Barrier. Last but not least, it also analyzes and propounds countermeasures for Green Barrier from the international law and the national law aspects.
Keywords/Search Tags:Green Barrier, the Trade Barrier Investigation Mechanism, WTO Environment Exception Measures, Nondiscrimination Principle, Special and Preferential Principle
PDF Full Text Request
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