On The Green Barrier Of EU And Their Legal Relation Between It With WTO Competition Policy

The Article 20(b),(g) of General Agreement on Tariff and Trade(GATT1994)provides , the member states of WTO have rights to adopt measure necessarily to protect their national environment"for ensuring the life or health of the people , animal and plant"or"protecting effectively the natural resources exhausting".This becoming the policy basis of "the green barrier " so that can come into being and develop. Though the green barrier is called "barrier", it can be divided rational and Unreasonable. But the fundamental spirit of WTO Competition Policy is to keep competes fairly and freely , it opposes the unreasonable green barrier that restricting fair competition certainly , but it approves rational green barrier. In practice, as the ensure of the multilateral trading system, WTO competition policy is the same as the law of EU practice unite market ,unite standard of environmental protection easy to take shape, environmental policy and the law of competition of the state members of WTO are great, the developed countries carry out more high standard, will inevitable easy to take shape" green barriers" in these eyes of countries.however, this thesis want to reach a conclusion by analyzing theory and related cases: the green barriers of EU are not directed against our developing countries, these green barriers are all not unrational, its judge basis of rationality are the provision of the article 20 of GATT and WTO competition policy. Meanwhile, deep and object analyzing the legal relation of the green barrier of EU and WTO competition policy, will contribute to treat the green barrier of EU correctly, handling the green barrier of EU.The thesis analyzed from four parts. The first part analyzed the general situation and double nature of the green barriers; The second part analyzed the judge standard of the rationality of the green barrier of EU. At last, analyzed that the green barrier of EU and their legal relation between it with WTO competition policy influence and inspire to our China.In the first part, the writer first elaborated the concept and producing reason, especially point out the green barrier included environmental-related trade measures and trade-related environmental measures, It will conducive to understand the nature of EU "Environmental Policy" and the sameness and differences between it and the green barrier of EU. Because of the double nature of the green barrier, and it exist rational and unrational, but from the attitude of WTO to the green barrier, we can see that the rational green barrier it support is that accord with its competition policy, but resolutely oppose the unrational barrier that disguised and unnecessary restrict on international trade. Therefore, we can accord to WTO competition policy to judge the rationality of the green barrier, it become the premise of the thesis, so the writer analyzed emphatically the double nature of green barrier, and elaborated its legal foundation, the final conclusion is: Though WTO and its competition policy resolutely oppose the unrational green barriers ,stand for the rational green barriers.In the second part, the writer concrete analyzed the judge standard of the rationality of green barrier, They mainly included the stipulation of the Article 20 of GATT1994.Moreever,getting out that: WTO competition policy is the most practicable,comprehensive and objective judge standard.In the third part, the author argue that because of the unique nature of the component of EU,the state members of EU exist conflict and harmony between environmental protection and the law of competition .From the environmental policy of EU, but these measures is called "environmental policy", that is trade-related environmental measures, but not "green barrier". Later on, the author made the environmental policy compare with unrational green barrier from four aspects. At last ,the writer certificate the green barrier of EU has rational aspect by deep analyzing "European communities-measures affecting asbestos and asbestos-containing products" case.The author believes that the objective of studying on the green barrier of EU and their legal relation between it with WTO competition policy is not analyzing itself but also make us can know objectively the green barrier of EU through studying ,learn its advanced environmental policy, and utilize WTO competition policy to set up green barrier that WTO permit. So in the fourth part, the author analyzed the influence and enlightening guidance of the green barrier of EU and their legal relation between it with WTO competition policy, for reaching this objective ,we must keep objective and fair attitude, rationality and long-term aspect, initiative attack, hard to promote our environmental protection standard is the key of handling the green barrier of EU.