Research On PPM Standard Under The Conflict And Coordination Between The International Trade And The Environmental Protection

In the current society, the economic is developing at a high speed. The natural resources are consumed very much, and the environmental pollution and the ecological damage keep in a serious state. More and more people apply to protect our environment. In the international trade, because their members comply with WTO rules and commitment, the nondiscriminatory principles are executed widely in which the national treatment and most-favored-nation treatment principle are the core parts. The tariff barriers'function becomes less important in the international area, but those non-tariff barriers such as the technical standards and environmental protecting standards are frequently imposed, the trade protectionism is apt to use the environmental standards to restrict and hinder the international trade. PPM is the special criterion on environment protection for the production process.It is the technical requirement on environmental protection during productive processbefore the products are put on market. The discharging of waste water, exhaust fumeand deserted coals should be limited to a certain extent. Production should be carriedout with advanced technology on cleanliness. The forest should be regulated in asustainable way. Animals should be hunted without the injury of other creatures.Nowadays, some developed countries take the advantage of domestic PPM criterion toreject the products made in developing countries. Therefore, in order to remove thistrade barrier concerning environmental protection, how can we better the legislation on PPM criterion in our country? That is the subject of my thesis. This thesis consists of five parts.First, standards for PPM summarized, expounds the concept and classification standards of PPM. After having been punished by nature, human beings began to realize theimportance of the theory of sustainable development. And the governments proposed aenvironmental concept called "from cradle to grave",that is,to give priority toguarding against environmental protection and administer the whole process of environmental protection. PPM legal system just conforms to this new environmentalprotection idea. Thus we can find the trace of PPM criterion in WTO rules, MEAs and the legislations in some countries.Secondly,introduces the PPM in international trade law standard for analysis; PPM in WTO rules mainly lies in TBT and SPS. This part pictures the present situation in EU and the United States, the economy giants,who have the most sophisticated PPM system in the world nowadays. They have enacted sorts of laws, regulations and decrees covering all types of products ranging from fish to products and from textile to chemical substance.Moreover, analyses the influence on our PPM standards. Chinese scholars take a late start of the theoretical study about PPM,and the concerns are not strong enough to PPM.National-level legislative relatively shallow, World Trade trends also indicate that in the future of world trade. Environmental standards in particular PPM standards will not lose sight of the link, in order to strengthen our international competitiveness, raising China's international status, creating a more comprehensive, coordinated and sustainable development of a harmonious society. China should increase input in environmental protection.The fourth part introduces the current standard legal instirutionalization PPM viv-analysis and evaluation. In my opinion, the present situation of PPM is:â‘ The guidance of PPM legislation is antiquated.â‘¡The legalsystem of PPM on environment needs improving.â‘¢PPM criterion inclines to be low.Finally, The last part aims to explore how to perfect the legal system pertaining to PPM of our nation. The author holds that we should construct legal system of PPM standard in conformity with our nation's current conditions on the basis of the existing legal system and in line with the guiding principle. First, we should be aware that the theory concerning sustainable development is the guiding principle for improving the relevant legal system. Second, four basic principles should be established. They are the principle of internalizing environmental cost, the principle of international cooperation, the principle of feasibility and the principle of stressing prevention while combining prevention with abatement. These principles help to establish a favourable circulating system aiming at sustainable development. In this part, author list a number of strategies to deal with PPM standards.