| In recent years, the regional cooperation between ASEAN and China has developed rapidly. With the continuous development of the association of Southeast Asian nations, this regional cooperation form has also been expanded. ASEAN 10+3 cooperation model(10 refers to ten ASEAN countries, 3 refers to the China, Japan and South Korea) appears,and the sub system cooperation model between China and ASEAN also emerge as the times require. With the completion of the construction of China-ASEAN Free Trade Area(CAFTA), ASEAN and China has launched a comprehensive economic and trade cooperation. The theme of Twenty-first Century is peace and development. The economic and social sustainable development of China- ASEAN Free Trade Area is facing many environmental problems and challenges. Such as climate change,ecological safety, the protection of natural resources. Therefore, the environmental issues has also been fitted into the comprehensive cooperation framework when China and ASEAN countries are carrying out comprehensive economic cooperation, in order to achieve the coordinated development of economy and environment. But the China-ASEANs’ cooperation in environmental protection is in the initial stage, the ability of solving environmental problems is limited. Therefore,it is necessary to learn from other regional organizations’ cooperation experience in environmental protection, so that we can find a suitable way for China-ASEANs’ environmental protection cooperation. Research on the legal issues of China-ASEAN cooperation in environmental protection will provide a legal basis for China-ASEAN’s cooperation inenvironmental protection, lay a solid foundation for the construction of ecological free trade area. This thesis is composed of five parts:The first part is the introduction, elaborated the value and significance of this paper’s topic. This introduction part gives a general overview of what is the problem we are in study in this paper, why is there such a problem and how to solve this problem, these are three core problems the thesis mainly solved.The second part is the body part. Firstly, it gives a background introduction of cooperation in environmental protection, such as the problems which the CAFTA members are dealing with, as well as the necessity to solve these environmental problems. Secondly, described the main areas of cooperation in environmental protection and main problems which blocked CAFTA at this stage in detail.The third part is a legal system experience summarize of other international trade organization’s cooperation in environmental protection,analysis and discussion how to inspire the legal system construction of CAFTA’s cooperation in environmental protection with this valuable experience. This chapter focuses on the analysis of mode and legal system in the field of environmental protection cooperation of the European Union, NAFTA and CAFTA, and draw some valuable experience which can be helpful for the construction of legal system and the selection of cooperation mode.The fourth part is to solve the problem that how to construct the legal system of environmental protection cooperation under the perspective of CAFTA. The construction including four pieces: the establishment of cooperation mode, institutions, the legal system of cooperation in environmental protection and the dispute settlement mechanism.The fifth part is the conclusion part, through the analysis of the above chapters, we can draw the basic legal system framework of Chinese-ASEAN cooperation in environmental protection, pointed out that the development of Chinese-ASEAN environmental cooperation need to base on the basic conditions of each member countries, the legal system of China ASEAN environmental cooperation, and give a best wish for further improvement. Only to carry out a only carry out a deeper cooperation, ASEAN and China will have a coordinate comprehensive development in economic, political, culture etc. |
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