Case Study On European Toy Recalls And Analysis Of European Green Barrier

Since 2007, all over the world draws their attention to the recall of Chinese toy. That recall caused tremendous loss of Chinese toy companies. The reputation of made in China almost collapsed within the scope of the world. From then on, the alert of European RAPEX system never stop to catch so-called "Chinese disqualified" product. Are the recalls a protective policy of European public health, or a preventive barrier against the development of Chinese toy trade? As to this controversial issue, scholars who are from countries with different economy and technology status have different opinions. Toy companies fight for the justice by litigation or summon all their energies to find the root of the damages and solve the problem without litigation-----Which one is the most effective solution? Chinese scholars do not have the united answer recently. The influence of green barrier brings both advantages and disadvantages to the economy of China. Both internal elements and external elements are the root which causes loss. This article analyzes cases about European recall of Chinese toys, illustrates the legal features and examines legitimacy of European green directives and RAPEX system, and raises a reasonable doubt on the ground of transparency and proportionate. After that, compare with a domestic toy injury case, the writer discloses the flaw of legislation status quo of China. In chapter two of this article, the writer demonstrates personal opinion of the abovementioned argumentation. From the writer's point of view, to discern whether the recalls are green barrier or not, one needs to find a criterion first. The European Community once strived for eliminating green barrier for the objective of achieving free movement of goods and common market within the community. During this process, the European court of Justice made great contribution on distinguishing green barrier, neutral regulation and the reasonable measures which protect environment, public interest and human health. The writer of this article summarizes four standards to tell apart green barrier from the cases of ECJ, and thus proves the irreversible truth that toy recalls are green barriers of European Union. Furthermore the writer argues that the best solution of green barrier is not litigation, but on the basis of the national conditions, removing the flaw of Chinese system of China-----the root of loss. In the last chapter of this article, the writer analyzes the advantages and disadvantages which are brought by the influence of green barrier, and then claims that in order to achieve the win-win aim of environment protection, human health and trade benefit, the concerned Chinese institutions and enterprises need to, on one hand make use of advantages which are brought by green barrier, and on the other solve the disadvantage problem powerfully. Last but not least, the writer asserts the novel solutions of green barrier problem which are:communication and coordination under the framework of soft law, improve Chinese legislation, and supplement by non-legal method.