The Research on the Issue of Constructing Chinese Green Trade Barrier System
|School||Guangxi Normal University|
|Keywords||Green trade barriers Environmental Protection Environmental Exceptions in Legal Countermeasures|
December 11, 2001, China has become a full member of the World Trade Organization (WTO). After joining the WTO, China is facing the situation is very grim. With the deepening of the world economic integration, the tariff barriers and non-tariff barriers imposed by some countries to protect their own markets by more regulation. In order to protect the domestic market, a new non-tariff barriers - green trade barriers came into our country and therefore subject to a serious impact, thus research and the use of green trade barriers become quite urgent. This article is divided into four chapters, the first chapter objectively defined green trade barriers: refers to a country in order to protect human, animal or plant life, health or safety reasons and objectives for sustainable development and ecological environmental protection, which directly or indirectly taken restrict or prohibit imports of foreign products laws, regulations, policies and measures. Thus the reasons for the formation of the green trade barriers, while its main manifestations summarized as: green tariff system, the standard system of green technology, green environmental labeling system, the system of green packaging, green inspection and quarantine system and system of green subsidies. And its main characteristics were analyzed, including nominal and formal legitimacy, international, the broad range of scientific technical means of concealment and the effect of discriminatory. The second chapter first describes the legal origin of the system of green trade barriers, including trade-related international environmental agreements, GATT / WTO's Environmental escape clause \system for comparative analysis to draw China green trade barriers Establishment of the conclusion of the lag. Stated the serious impact of the green trade barriers system, on the one hand, the increasingly stringent green trade barriers set by the developed countries, China's export products has suffered serious setbacks, such as China's agricultural products, textiles and mechanical and electrical products exports have been severely affected. On the other hand, our system of green trade barriers to build lag, the legal system is imperfect, production technology level is not high, generally low environmental standards, restrictions on foreign investment and imports are less effective, leading to foreign products and a number of pollution-intensive The industry drive straight entering the country, poses a serious threat to our environment and economy. In this chapter, the critical issues facing our country. Chapter theoretical analysis to build our own system of green trade barriers. Domestic research emphasis on how to confront and break through the green trade barriers abroad, many scholars have a negative attitude on the green trade barriers, its negative impact analysis more specifically for developed countries, the mainstream view of the green trade barriers positioning developing countries to formulate a trade discriminatory measures, emphasizing its \the most is how against it, avoid it or break it. The authors believe that the system of green trade barriers follow the green trend is the inevitable product of social development, not going to disappear in a short period of time and to be getting worse. The analysis of the legal basis of the system of green trade barriers and the legal basis for its existence, highlighting the characteristics of the green trade barriers institutional legitimacy. So as to form an opinion: It is hoped that the subjective wishes to cancel the green trade barrier system is good, but the objective is unrealistic, in the process of global economic integration, we can not evade the system of green trade barriers of other trading nations, our the impact of the import and export trade will exist for a long time. Our only way out is to make the system of green trade barriers as I used to, so as soon as possible to build our own system of green trade barriers. The fourth chapter is part of the focus of the article, emphasis on how to build the country's system of green trade barriers. In this paper, from the building of the legal system the concept, including legislation and enforcement. Take full account of national conditions on the basis of, learn from the advanced experience of developed countries, build environment and trade legal system with Chinese characteristics, including legislation to improve our system of environmental standards, environmental certification system, the system of green packaging, green tax system and internalization of environmental costs. At the same time stressed the need to strengthen the administrative law enforcement work relating to environmental protection, to ensure the effective implementation of the relevant legislation. Should further clarify the responsibility of the executive, establish and improve the management system, was also highlighted by a comprehensive inspection and quarantine measures and mechanisms to facilitate the implementation of the green inspection and quarantine system. In short, to improve the system of green trade barriers in China, not only help break through the green trade barriers abroad, to expand export markets, but also conducive to resist the environmental and economic impacts of the import trade and foreign investment, in the protection of our environment at the same time, reasonable to protect their own market to achieve sustainable economic development of our country.