Reflections On The Legitimacy Of Green Trade Barriers From Perspective And Recommended Countermeasures

With the rapid development of trade liberalization all over the world, various tariff and non-tariff measures used as trade barriers have been restricted or totally forbidden by WTO. Meanwhile, a new type of non-tariff barriers named green trade barrier has been widely used in developed countries. As a new mean of trade protection, green trade barrier takes all kinds of measures to restrictive trade with the reason of protecting the environment. These measures have distorted the trade, and let many developing countries especially China be more passive and negative. To this end, it is necessary to research the green trade barrier deeply, to look for effective measures to breakthrough in green trade barriers to eliminate negative impact on China, ultimately realize the sustainable development of China's trade and environment.This essay consists of four chapters in addition to Preface and Conclusions.Chapter One has analyzed the main contents of the green barriers, and considered the green trade barrier is a improper and unreasonable environmental measure which restricts the free trade specifically, referring how to distinguish it. On the basis of this, the article has analyzed the characteristic and the manifestation of the green trade barriers.Chapter Two has referred the legal concept of the legality and criticized the legality of the green barriers in the form and the real. The article has considered that the green barriers use the legislative defects of international trade rules and multilateral environmental treaties to protect the trade in a disguised from; they have obstructed the objective free trade, it has violated the basic WTO principles and the principle of national sovereignty, even if it is lawful in the national.Chapter Three has discussed how the international community to resolve the green trade barriers lawfully, thinking it is need to improve the relevant international legislation to eliminate trade barriers. It is necessary to edit the rule of the green barriers on the basis of improving the transparency and participatory democracy. We should eliminate the green trade barriers in the system through the coordination of WTO rules and MEAS relevant provisions of the agreement. Chapter Four has analyzed the negative impact which the green trade barriers cause in China; In view of the actual situation of China , the article has raised legal measures to solve the green trade barriers from international and domestic level.