Countermeasures Against Green Barrier For Agricultural Product In WTO

Since 1980s', on one side, the over exploration to natural recourse and environment has resulted in a lot of global environmental problems. The relation between trade and environment becomes one of the international focuses. A series of environmental protection agreements have been made. On the other side, accompany with the trend of free trade, the effect of tariff barrier and traditional non-tariff barrier as measures of trade protection is becoming weaker and weaker. Depending on advanced technology and laws some developed countries made strict even severe environmental protection standards to protect domestic industry. Under the press of environmental protection and free trade, green trade barrier come onto the international stage as a new means of trade protection, which brought serious effect to our agriculture. The author makes thorough theory analysis and factual analysis about the intention, the features, the forms and the legal grounds of green barrier. Besides, the author makes an introduction of the relative laws in our main trade partners, such as European Union, America, and Japan. Last but not least, the author gives some legal suggestions about the establishment of Chinese green trade system. The article is divided into three chapters. The first chapter analyzed the conception of Green Barrier. As one of the Technical Barrier, Green Barrier is changeable and undetectable, which was studied here. Besides, the author introduced the main forms of Green Barrier. The second part is about the effect of Green Barrier on our agricultural trade.The second chapter is about reasons for what our agriculture products have suffered serious loss in front of Green Barrier. The first part is about the inner reasons that are the weaknesses about our related laws. The second part is about the environmental articles related with agricultural product in WTO, such as the 20th article of GATT1994, the 2.2 article of TBT and SPS, and their weaknesses as well. In the third part the author gives an introduction of Green Barrier in European Union, America and Japan and the related trade disputes.The third chapter is about the achievements in the establishment of our green system, besides, the author gives legal suggestions depending on the weakness of our law, such as the legislation of warning system of Green Barrier, the standardization of agricultural product and so on.