On The Legal Issue Of Unilateral PPM Environment Related Trade Measures

In the process of globalization today, environment and trade has a long history of controversy. The emergence of unilateral PPM environment related trade measures is because of environmental issues. Their original intention is to protect the environment, but in practice, they have been used by trade protectionism. Therefore, the legal status of unilateral PPM environment related trade measures has triggered a fierce debate between developed and developing countries. It reflects the contradictions and conflicts of different legal system in current international law system, but also reflects the international relations of deep-seated contradictions in the structure. China as a developing country in WTO, must positively face to environmental protection under the disguise of trade protectionism. So, depth study of unilateral PPM environment related trade measures have enormous practical significance. However, in our country the theoretical research on the problem is still very weak, lagging far behind the developed countries. Unilateral PPM environment related trade measures variable a number of important theories of international law in the WTO trade system, such as unilateralism, the extraterritorial effects of domestic measures as well as issues such as national economic sovereignty. So, it has a very important theoretical significance to sturdy too.This thesis consists of four parts as well as introduction and ending, nearly 40,000 words altogether, as follows:The first part has introduced the concept, classification and characteristics of the unilateral PPM environment related trade measures, and pointed out that the background is the problem with the substance of the relationship between environment and trade. The key point is the OECD has putted PPM into product-related PPM (PR-PPM) and the product non-related PPM(NPR-PPM). PR-PPM is generally not controversial problem, But unilateral NRP-PPM environment related trade measures has aroused fierce controversy between North and South because of their unilateral and extraterritorial nature, this issue is the key of this thesis.The second part used the method of empirical analysis to discus WTO rules and judicial precedents relating to PPM. The term of WTO related PPM are non-discriminatory principle of GATT and Article 20 exceptions to the provisions of environmental protection, but they did not regulate the unilateral PPM environment related trade measure. In other words, the unilateral PPM environment related trade measure has not been recognized by WTO. Summed up the trend of law exceptions in environmental protection is more focused on the development of environmental issues, and has relaxed the extraterritorial effects of unilateral PPM environment related trade measures.The third part has analyzed the different concern about sustainable development, environment, competitiveness and market access issues because of the enormous gap in economic development between North and South, so they have different position to this issue. Based on the classification of OECD to PPM, analyzed theoretically the reasonableness of unilateral PR-PPM environment related trade measures and unilateral NPR-PPM environment related trade measures. For the latter, the writer analyzed theoretically the reasonableness of them in the field of unilateral and Extra-territorial nature. Put forward we must distinct different situations on the basis of the coordination of environment and trade. Strongly object to trade protection of the unilateral PPM environment related trade measures in the name of environmental protection.Finally, The writer stood on the position of developing countries put forward countermeasures to deal with the measures for the China at the international level and domestic level. First of all, at the international level, to study DSB and use it to resistance to trade protectionism, ask the special treatment for developing countries, and strengthen of the multilateral consultation and cooperation. Secondly in the domestic level, we should improve the PPM standards, amend the existing "Standardization Law", establish an environmental tax system, and encourage voluntary PPM eco-labeling. The writer also stressed that China should adopt the scientific concept of sustainable development, coordinate between trade and environment relationship much better and oppose any form of trade protectionism, in order to set up a fair and reasonable new international economic rule.