Primary Discussion On Establishment Of Environmental -related Trade Measures System In Foreign Trade Law Of The People's Republic Of China

The contradiction between trade development and environmental protection has become increasingly apparent. To achieve the environmental protection goal and to give consideration to the trade development has been something very important in the scholars'research. This thesis focuses on improving legislation and building up the system of Environmental -related Trade Measures aiming at finding the balance between trade development and environmental protection. The thesis consists of three chapters.Chapter 1 introduces the concepts of"Trade-related Environmental Measures (TREMs)"and"Environmental -related Trade Measures (ERTMs)"firstly. It makes the concept of ERTMs clear by distinguishing it from TREMs. Then the thesis discusses the classification of ERTMs. Moreover, by comparing ERTMs and"Green Trade Barrier", the thesis draws a conclusion that it is improper to consider ERTMs as Green Trade Barrier though they have something in common. The thesis uses《ACESA》as an example to further illustrate.Chapter 2 discusses the perfection and imperfection of Foreign Trade Law of The People's Republic of China on the issue of trade and environment. First, the thesis introduces the environment-related legislation about trade. Second, the thesis introduces the improvement of new Foreign Trade Law of The People's Republic of China. The thesis holds the view that though the new law makes great contribution on focusing on cohesion with GATT, enhancing influence of environment and paying attention to coordinating with environmental institution, the new law still has problems like unclear expression of concepts, suspicion of violating the WTO rules, singleness of trade measures and irrationality of combining the environmental problems into one provision.Chapter 3 elaborates the idea of building up the ERTMs system in Foreign Trade Law of The People's Republic of China by on aspects of its realistic significance, the legal basis, international legislation references, the notable problems during the process of its legitimation and the expression of provision. From the point of necessity, the thesis thinks that the building up of the ERTMs system will be beneficial to limiting the environmental damage of trade, promote the development of environmentally friendly trade and achieve environmental goal indirectly, and at the same time, it will be helpful to Strengthening our foreign trade defense system, maintaining our own lawful rights and interests in international competition and alleviating current contradiction. From the point of legitimation, the thesis enumerates several legal sources as Constitution of the People's Republic of China, WTO rules and so on. The thesis thinks that the reference to international legislation practice will be helpful to our own legislation practice and the better understanding of the judicial tendency of DSB and the specific provision in WTO rules will be beneficial to the legitimation process of the ERTMs system. In the end, the thesis gives the constructive expression of the provision.