| With the advancement of international economic globalization, environmental effect of trade has received more and more concern. The development of international trade helps to distribute resources worldwide rationally and effectively, thus pushes global economics forward, at the same time, it provides environment protection more financial support and better technological assistance. However, the negative effect trade imposes on environment cannot be omitted As the scale of international trade enlarges , over-exploitation of natural resources worsens ecological environment. Transboundary movements of hazardous wastes even deteriorate the environment of developing countries. Present environment protection related regulations in WTO agreements need to be perfected, and conflicts exist between WTO and MEAs (Multilateral Environmental Agreements). As a member of both WTO and many MEAs, China must learn a lot: to comply with the rules, to exercise its right, to improve environment protection level, and to remove "green trade barrier" aimed at our export .It is under this background that the author discusses the environmental law issues in international trade.The thesis consists of six parts, nearly 32,000 words altogether. At first, the essay explains the cause and content that trade affects environment, by analyzing regulations about this issue in WTO and MEAs, and the conflicts between them, suggestions on removing the conflicts are put forward. Then combining with the reality of our external trade, legal resolutions of meeting environmental protection challenges are brought forward.Part I- Introduction. In this part, the reasons why trade affects environment aree explained simply, the author analyzes the relationship between trade liberalization and environment protection summarily and then states the writing purpose.Part II- The Cause and Content of Environmental Effect of Trade. As subsidiary product of man's economic activity, negative environmental effect of trade owns its economic connotation. External effect which disfunctions the market is the direct economic reason. While environmental cost which is not calculated in price is the fundamental reason that environment protection issuescame into being. The content of environmental effect of trade is both positive and negative. Although the positive effect is major, what results in conflicts between trade and environment is the negative effect. Trade's negative effect trade imposes on environment can be divided into three aspects: scale effect, product effect and structure effect.Part III - Conflicts Between Free Trade System and International Environmental Law System. In the first part, the reason why WTO and MEAs conflict is explained. Then environment protection measures related regulations in WTO are introduced, contradictions between TREMs(Trade Related Environmental Measures) and WTO and conflicts between motivating measures in MEAS and WTO are discussed individually. At last, the author states his view: MEAs' function would not be achieved satisfactorily until the potential conflicts between free trade system and international environmental law system are cleaned up.Part IV- Coordination of Free Trade System and International Environmental Law System. This part consists of three aspects : NAFTA's practice in arranging the relationship between multilateral trade regulations and MEAs, European Community' practice in harmonizing fair competition and environment protection, proposals on how to make WTO more friendly to environment. Part II and IV make up an integer, where the emphasis of the whole thesis lies.Part V - Suggestions on China's legislation to meet environment protection challenges. Being a member of WTO brings China both opportunity and challenge. Currently, we have not delivered enough concern to environment protection in our external trade. It is important to enrich our regulations of trade and environment, and further improve environmental standard system, In the meanwhile, rational trade rules are necessary to China's... |
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