Study On The Legality Of PPM Environmental Trade Measures Under The WTO Framework

Traditional trade barriers are too obvious to be perceived and revenged by trading partners.In order to protect their own interests and be not recognized by trading partners.At this time,using the loopholes of international rules to formulate relevant PPM environmental trade measures to create new trade barriers becomes a new choice.The traders who have been subject to trade sanctions in the past believe that PPM environmental trade measures are completely illegal.However,in recent years,countries have realized the importance of environmental protection while developing their economies.The position of countries on PPM environmental trade measures has been resolutely opposed from the past to the current acceptance that fully demonstrates that PPM environmental trade measures have their legal status.This article takes perspective on the problems in PPM environmental trade measures and puts forward the viewpoint that the PPM environmental trade measures have certain legitimacy.That is,PPM environmental trade measures are legal within the limits of the WTO rules,and outside the limits of the WTO rules are illegal,which is also the object of the WTO dispute settlement mechanism to be corrected or sanctioned.This article consists of five parts,the content is as follows:The first part introduces the basic content and existing problems of PPM environmental trade measures.Then put forward my own views based on the problems of PPM environmental trade measures.That is,PPM environmental trade measures are legal within the limits of the WTO rules,and outside the limits of the WTO rules are illegal.The second part begins to analyze the problems and disputes of PPM environmental trade measures.This part is aimed at the legal basis analysis of whether the formulation of PPM environmental trade measures is legal.Start with the concept of legality.Start with the concept of legality and then demonstrate whether the formulation of PPM environmental trade measures is legal through formal legality.The third part is the evaluation of whether the value target of PPM environmental trade measures is legal.Detailed analysissing the value objective of the PPM environmental trade measures at the time of formulation.Whether it conforms to those social and political concepts and certain values that are dominant in the current society.Because value is one of the main criteria for determining and evaluating legal rules and principles.Therefore,it is necessary to evaluate whether the value objectives of the PPM environmental trade measures are in line with the current social values.The fourth part analyzes the GATT Agreement,the TBT Agreement and the SPS Agreement.Then analyze the legality of PPM environmental trade measures and the basic principles of WTO/GATT.The fifth part is about the improvement of China's PPM environmental trade system and the countermeasures to the international PPM environmental trade measures.China should formulate PPM environmental trade measures in accordance with the relevant principles in the international conventions concluded and in combination with China's laws and China's actual situation.There are two strategies for responding to PPM environmental trade measures.The legal side should actively comply with learning from experience to perfect our country's system.It is necessary to carry out timely consultations and negotiations on its illegal aspects and make full use of the WTO dispute settlement mechanism to defend its own interests.