Green Trade Barriers Under The Wto System Are Discussed

Based on the implement of Green Trade Barrier of the main developed countries, the article is about the conception, features, properties, cause and forms of Green Trade Barrier from the legal point of view. After analyzing the international law basis about existence, implementation of Green Trade Barrier and the practical impact of the provisions, it tries to propose some opinions and suggestions to the questions put forward above. In addition, as a developing country, China also faces problems of Green Trade Barrier, so this article probes the relevant difficulty and countermeasures at last.The article is consisted of four parts. The first introduces the theoretic information of Green Trade Barrier; the second is about relevant legal provisions and concrete application in the system of WTO, mainly involving the right of exception to the environmental protection provided by Article 20, GATT1994 and related provisions of SPS and TBT agreements, and giving analysis to some cases; the third is a concrete examination to the provisions in the second part, which indicates the defects of the relevant provision and raises some questions hiding in the cases, such as unilateral measure, the effectiveness of the extraterritorial protection and the standard about PPM and so on, and then suggests to solve the problems by procedural and substantive safeguards; the last part is about problems of Green Trade Barrier in China, including the influence to our environment and trade,how to treat the reason and analysis rationally, then it gives response from the angles of international and domestic law, including researching related provisions, strengthening international cooperation and actively responding to the litigation from the international aspect, and improving the relevant laws, systems of environmental standards and internalization of environmental costs from the domestic aspect.