On The International Law Biological Trade

The BioTrade is a concept put forward by the United Nations Conference on Trade and Development (UNCTAD), its role is by promoting the BioTrade project to encourage and reward the participants of international trade, and to achieve the best practice on biodiversity conservation and sustainable use.In addition to the preface and conclusion, the article is divided into four parts:The first section provides a brief analysis of the impact of international free trade and biodiversity on each other. On the one hand, with the development of economic globalization and regional economic integration, free trade developed rapidly, many kinds of biology resources were consumed and the biodiversity was damaged seriously. On the other hand, some protection measures of the biodiversity limited the free trade. These two extreme phenomenons will hinder the sustainable development of society. The BioTrade was put forward on this background.Part II presents the concept, the economic analysis and the principles of BioTrade. This concept is put forward by the United Nations Conference on Trade and Development, to encourage effective practice of the participants of the international trade to achieve biodiversity conservation and sustainable use.. This section describes the definition of bio-trade, and uses the "economic man" theory, game theory to analysis biological trade. With the existing files about the bio-trade, the paper mainly discusses the principle of sustainable development, the precautionary principle and international cooperation principle.There is no direct legislation on BioTrade, but a lot of relevant global regulations. The third part discusses these rules. For example, the GATT general exceptions, the Convention on Biological Diversity, Convention on International Trade in Endangered Species of Wild Fauna and Flora, Agreement on Technical Barriers to Trade, and Agreement On The Application Of Sanitary And Phytosanitary Measures. Also, the article analyzes the regional practices of Biotrade. Lacking of an organic co-ordination system, the conflicts of nation’s interests, the "weak" feature of international law and so on are obstacles for development of the Biotrade.The fourth section discusses the improvement of the International law on Bio-Trade, such as strengthening international cooperation, promoting coordination between the Conventions, improving the implementation mechanism of domestic law, encouraging voluntary measures, and establishing international standards and certification, and strengthening the enforcement mechanisms of BioTrade.