Improvement Of Green Trade Barriers, The Legal System

Green Trade Barriers can be defined that the international communities adopt or enforce trade measures necessary to protect the ecological environment, human, animal and plant life or health through formulating a series of technical regulations and technical standards. The implementation of Green Trade Barrier measures not only comply with the development trend of the international communities' environmental protection and green consumption, but also conform to the long-term interests of human survival and development and sustainable development.There are stipulations of trade-related environmental measures in WTO agreements such as GATT\ 994, Agreement on Technical Barriers to Trade, Agreement on the Application of Sanitary and Phytosanitary Measures, Agreement on the Subsidies and Countervailing Measures, General Agreement on Trade in Services, Agreement on the Trade-related Intellectual Property Rights and Decision on Trade and Environment. Also, the above-mentioned stipulations are present in about more than 20 International Multilateral Environmental Agreements. With the purpose of protecting the environment, human, animal and plant life or health, European Union, the United States, Japan and some other countries have formulated a large number of domestic technical regulations and technical standards, carried out eco-labeling, green package, inspection and quarantine system and so on.Now China has initially established its own legal system on Green Trade Barriers. Although these measures have taken into some affection, there are still many problems as follows in China: there are no technical regulations which are in line with the definition of TBT/WTO; the level of Green Trade Barrier' laws and regulations is backward; green technical standards aren't high and perfect; there are some unsolved legal problems in carrying out green eco-labeling and its international recognition; the system of green health quarantine and package are found not sound.We should improve our legal system and technical standards system on Green Trade Barriers, also improve our early warning mechanism of Green Trade Barriers, strengthen our environmental certification and carry out ISO14000 environmentalmanagement system. If we do so, we can effectively eliminate the negative impacts on us caused by foreign Green Trade Barriers, effectively protect the environment, human, animal and plant life or health and achieve the sustainable, rapid and healthy development of the national economy.