Study On Environmental Clauses In Free Trade Agreement

Human is the product of environmental development and change, while the environment is the material basis for human’s survival and development and the carrier. Humanity, which then formed an interaction with nature’s ecosystems, and thousands of years of evolutionary development, reaching a Nash equilibrium of a non-game. We already have committed huge acts of sabotage on the environment paid a terrible price, the survival and development of mankind are facing unprecedented environmental threats is also self-evident, it can be seen that under the guidance of the principles of sustainable development implementation of effective environmental protection measures is necessary.Include environmental provisions in the free trade agreement is imminent, increasingly close interaction between trade liberalization and environmental protection, as well as free trade agreements with the two types of international environmental protection rules and regulations cross restriction has become even more complicated, the research environment in the free trade agreement is very important. Coupled with the delay in incorporating environmental clauses in the multilateral trading system, which developed in turn promotes environmental regulation issues in free trade agreements, thus leading to a lot of attempt. In free trade today, how to include environmental clauses in free trade agreements, coordination between trade and environment interests conflicts, ensure that environmental provisions which can truly play a role, this is a top priority.In environmental terms, we have to take into account model provisions, in which define which content is sufficient to enable the maintenance of trade development and environmental protection go hand in hand. Throughout the existing free trade agreements, the environmental provisions of the preamble to the model provisions, exceptions, special terms, and four subsidiary agreements. Each Director has a short, also have national support, there is a separate application which, combined crossing for several. At present, It’s the North American free trade agreement that is the most comprehensive and perfect one.However, with the terms of the environmental clause, it is still struggling in the application of the practice of international commercial arbitration. There are the main causes of this problem is the absence of procedural provisions of the environment, coupled with environment while the mode clause is vague, springiness, thus weakening the effectiveness, not enough, will inevitably encounter difficulties during the application process, such as a violation of national treatment, MFN status to crash. Out of this, a dilemma we need remedy, and picked off, firstly to in vigorously promoted more environment clauses into free trade agreement, regardless of its species also its number; secondly modify various environment clauses in the not reasonable, and too broad weak of wording, removed some declared sex, and discipline sex of terms, then strengthened environment terms due of effectiveness; last also to in perfect existing of environment terms of while increased new of specifically and exception terms, strengthened subsidiary environment agreement of effectiveness, to solution practice in the may encountered of controversy.Finally, as the biggest developing country, China is considered, the current international situation, in order to better conform with international, enhance the comprehensive national strength, and secure its status in the international community, in the free trade agreements on the environment in terms of many things is inevitable. Reference to China’s existing free trade agreements, incorporating environmental clauses are numbered, such as the China-New Zealand, China-Switzerland signed a free trade agreement. Ran China currently of environment status has Kan worries, so in environment problem intervention and trade produced conflict of now, except for above dilemma by needs do of improved outside, also to change legislation guideline strengthened domestic of environment legislation, increased environment standard terms, perfect China of environment standard system, and increased on environmental industry of inputs and development, established environment cost internal accounting system or said environmental protection assessment mechanism, while strengthened environment terms of free trade agreement items and subsidiary agreement of effectiveness, not makes its unworthy of. And improved integration of all factors in order to solve conflicts between trade and environment, promoting coordinated development and a win-win situation.