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On The Improvement Of Chinese Green Trade Barrier System Under WTO

Posted on:2014-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:W ChengFull Text:PDF
GTID:2256330422457473Subject:Law
Abstract/Summary:PDF Full Text Request
Green trade barrier, known as the trade measure to restrict, directly or indirectly,the products and services from foreign countries or areas, is a set of stringent standardsformulated to protect the limited natural resources, ecological environment, and to keeppublic health of the nation. It is a new kind of non-tariff trade barrier, a product of tradeprotectionism combined with environmental protection.At present, the domestic mainstream media, who tend to highlight its“unbalancedness” and “falseness”, have largely positioned green trade barrier as a kindof trade discrimination set up by developed countries exclusively against developingones. And in dealing with those developed nations, it is true that quite a few Chineseindustries and enterprises suffered terribly from the impact of green trade barrier.Therefore, domestic scholars, with a majority of studies on the negative aspects, puttheir focus on how to react towards developed nations’ green trade barrier and how tobreak it through. The present researcher, who views the system of green trade barrier asan inevitable by-product of social development, holds that the system complies with thegreen trend nowadays. Meanwhile, in his explanation and analysis, the researcherconcerns himself with such areas as the jurisprudential and legal basis of green tradebarrier and the way developed countries establishing the system of green trade barrierby adopting the WTO “Green Clause”, all of which underlines the legitimacy of greentrade barrier system. It is concluded that in pace with the advance of the integration ofglobal economy, we cannot barricade ourselves against other trading partners’ greentrade barrier; its impact on the foreign trade of our country will persist for long. It is theonly way out that we turn the system around to our advantage. Thus, with totalawareness of the defects within the green trade barrier system of our country, we shouldconstruct our own green trade barrier system while learning from the developed nationsand making full use the “Green Clause” of WTO.This thesis consists of four chapters. In Chapter I, the researcher gives a generalintroduction of green trade barrier, firstly about the concept and characteristics of greentrade barrier. The following part is mainly devoted to a description of the forms of greentrade barrier:(1) green packaging system (2) green taxation system (3) greenenvironmental labeling system (4) green subsidy system (5) green technical standard system. The concept and characteristics for each kind of systems are represented indetails, thus laying the groundwork hereafter for discussing the relevant systems inChina.Chapter II gives an account of the provisions relevant to the system of green tradebarrier, and how do the developed countries apply these provisions into constructing thesystem of green trade barrier. Wherein the researcher focuses on the basic principles ofgreen trade barrier regulations of WTO, such as transparency principle andnon-discrimination principle, etc., the environmental protection exceptional clauses inGATT1994, the Agreement on Technical Barriers to Trade and the Agreement on theApplication of Sanitary and Phytosanitary Measures, and relevant green trade barrier systemsin developed nations.The green trade barrier system in China is presented in Chapter III. Through acomparison, on an institutional level, with that of the developed nations, the researcherpoints out the problems and defects within green trade barrier system in our country.In Chapter IV, the researcher puts forward a concrete program for improving thegreen trade barrier system of our country under the regime of WTO. First of all, it is todevelop the pollution-free industries by fully taking advantage of the preferentialtreatment principle, which is particularly set for developing countries under theregulations of WTO; try to establish the green image of Chinese enterprises ininternational trade. Secondly, the researcher elaborates on how to utilize the WTOenvironmental protection exceptional clauses to construct and improve the green tradebarrier system in our country, how to remedy the defects in current laws and regulationsand fill the legislative gap for some sectors and industries. Finally, the thesis isconcluded by showing the way to improve the green trade barrier system in China, bylearning, on a concrete institutional level, from the developed nations in theirtechnology and experience for the construction of green trade barrier.
Keywords/Search Tags:green trade barrier, exception clauses, environmental protection, tradeprotection
PDF Full Text Request
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