Contradiction Between Environment And Trade In WTO Framework And Study On Chinese Environmental Legislation

With the development of the global economic integration, international trade makes great effect to environment protection. The development of international trade helps to distribute resources worldwide rationally and effectively, thus pushes global economics forward and provides environment protection financial support and better technological assistance. However, the negative effect international trade imposes on environment cannot be omitted. As the scale of international trade enlarges, over-exploitation of natural resources and trans-boundary movements of hazardous wastes worsen ecological environment. While humans feel proud of the high-speed economic development, we have to face the environmental deterioration resulting from the increasing international trade at the cost of environment. Therefore, the environment protection in international trade has become the focus of attention of the international community since the 1990s,and"Sustainable development" becomes the guideline of settling and harmonizing the environment protection problems in the international trade.World Trade Organization, as the biggest trade organization in the world, pays more attention to the environmental issue. Through 30 year's research, discussion and dispute settlement, WTO has gradually set up its attitude to environmental protection, clearly regard sustainable development and environmental protection as one of its aims, and involve the clauses on environmental protection into every agreement of WTO, providing legal basis for reconciling the relationship between trade and environment, and contributing to maintaining and perfecting the global environment, promoting the sustainable development of international trade. However, in the final analysis WTO is an international organization aiming at maintaining and promoting international free trade, the maintenance of stable and harmonious international trade order make WTO somewhat imperfect on environmental protection. Perfecting the present regulations will be propitious to the harmony of international trade and environment protection.Our party in Congress report that a well-off society on one of the objectives is: "ability to continuously enhance sustainable development, ecological environment has improved significantly the efficiency of resource use to enhance and promote the harmonious development between man and nature", we should "co-ordinate the harmonious development between man and nature"; Recently, Hu Jintao, secretary of the central "population, resources and environment work" profoundly comprehensive symposium on the scientific concept of development of the basic content, stressed the need to adhere to sustainable development" Now, China has been a member of WTO. So how to utilize the rules of WTO and adjust the strategy for international trade in the future to reduce or erase the international rampart aroused by environment is the key to improve our competition of environmental trade and achieve the harmony development between trade and environment after we entered into WTO. The motive of this treatise is to explore and solve this problem, especially for China.