Study Of Green Trade Barriers, Legal Issues Under The Wto Rules Of Trade In Goods

The green barrier to trade is that one nation or areas adopt kindsof measures including laws, regulations, policies etc. in order to protecthuman-beings and the environment. The green barrier to trade itself onlyindicates a fact that the trade is being baffled, which is aimed to beenvironment-friendly. Among all these green barriers to trade, somemeasures applied by certain nations are probably inappropriate which areeven hardly estimated whether their real purpose is related withenvironment protection or not from their application. But, the estimationof the green barrier to trade is not contained by the definition of greenbarrier to trade itself. From the perspective of the tenet and aim ofenvironment protection, the definition of the green barrier to trade justindicates its justice and correct. Indeed, the possibility of thedissimilation of the green barrier to trade is great, however, thecriterion of judgement on this issue is just the three agreements i.e.GATT1994, TBT Agreement and SPS Agreement under the rules and regulationsof WTO laws system. The above three agreements are supported each other,co-operated each other and brought out the best in each other, which formsthe regulating and bounding net of the green barrier to trade.From the practice and operation of DSB of the WTO, in the casesrelating to the green barrier to trade, SPS Agreement is far more effectivethan the GATT1994 and the TBT Agreement. Especially, the application ofthe TBT Agreement is weakened for the less operational and more vague andgeneral clause in the agreement itself. From the whole, the threeagreements are fairly achievable in the course of dispute settlement inthe WTO. However, many core clauses in each agreement need furtherclarification by the DSB.Both positive and negative effects are put on China by the greenbarrier to trade. Although it is the companies and enterprises themselvesthat can get rid of the negative effect of the green barrier to trade,the central government still bring out some macroscopical measures toservice the traders to get through the green barrier to trade.