Study On Legal Issues About The Green Barrier In China's Trade And The Environment

Along with the human ecological environment unceasing worsening, the world environmental protection consciousness unceasing enhancing, the trade liberalization expanding in the global scope and the trade and the environmental protection questions occurring rubs and collisions, a brand-new trade protection measure in the name of environmental protection has been quietly boarded the international arena. This measure is the "green trade barrier", which is called "green barrier."This paper first outlines the basic theories of green trade barriers, the cause and development status and trends. Secondly explains the legal basis for green trade barriers and thinks its basis mainly has the major international environmental protection rules, national environmental protection regulations, standards and the international environmental management series standards and so on the related clause. Thirdly analyzes the positive and the negative effects of the green trade barriers on China's foreign trade. Finally, this paper presents our legal countermeasures to green trade barriers aiming at China's actual situation. It suggests that our country should actively participate in the international legislation activities of the related issues and make use of the dispute settlement mechanism to resolve international trade contradictions caused by green trade barriers at the international level. At the same time we should perfect the legislation on trade and environment, establish the system of environmental protection laws with Chinese characteristics, and appropriately build our own green trade barriers, promote sustainable development of our country trade and environment, and propel the perfection of internal and external relevant laws at the domestic level.The green trade barrier is not a new issue, but its form is more diverse and the content is even more complex today with the rapid development of the world trade.Based on the preliminary discussion of legal issues of the green barriers in China's trade and the environment, this paper provides our country with a certain value of the legal countermeasures to deal with green trade barriers and looks forward to profiting China's foreign trade and environmental protection.