Legal Thinking On Improving The Coping Mechanisms Of Environmental Trade Barriers In China

With the globalization of the world economy and the expansion of trade liberalization, tariff barriers and non-tariff barriers have been gradually reduced or removed as the traditional role of trade protection measures. A new trade protection measure has quietly appeared in international stage, called environmental trade barrier. It prevented foreign products from entering the country to protect limited resources, ecological environment and human health under the harsh environmental protection standards. In recent years, a variety of products made in China (mainly agricultural products, textiles, home appliances) have encountered heavy losses because of environmental trade barrier. Therefore it is imperative to study environmental trade barrier and break through the barrier. At present, there are some studies and useful explorations on this issue in some aspects. However, so far there is still lack of comprehensive and systematic expatiation and discussion. This paper tried to seriously study the conception and characteristics of environmental trade barrier, and analyzes the fundamental reason of forming environmental trade barrier. The legislation of WTO and the developed countries on environmental standards is elaborated in this paper. The writer also analyzes the impacts on our foreign trade industry and the coping mechanisms on the barrier in our country in order to find the shortcomings of the coping mechanism. The paper puts forward the measures on environmental trade barrier and promotes the positive actions between trade and economy.The coping mechanisms on environmental trade barrier abroad were compared and used for reference through comparison and analysis. By the method of combining theory and practice, analyzing synthetically the research situations at home and abroad, starting from the conception, character and classification of environmental standard, analyzing that the environmental standards were brought into international trade, this paper brings forward the law countermeasures to improve environmental trade barriers in China. The innovations in this paper are as following. 1. By studying the measures on environmental trade barriers in developed countries, this paper brings forward our responsive measures in China. 2. The government may give some rights of enforcing law to guild properly. The guild may inspect if the exporting products reach the environmental standards of imported countries. 3. From the background of environmental standards brought into international trade, the writer elaborates the causes and negative impacts of environmental standards translated into environmental trade barriers. 4. By analyzing the relevant provisions that the enterprises suffer the environment trade barrier, this paper put forward legislative proposals to "Foreign Trade Law of the People's Republic of China ", such as the proposal for judicial interpretation of this law. 5. This paper seeks coping strategies that can solve the problems that China encountered environmental trade barrier from the angles of the legislation, law enforcement, interior and exterior. In short, relationship of the trade and environment is not only an important political issue, but also a hot issue of academic research. These studies not only help us to understand the mutual relationship between trade and environment, but also to formulate policies and coordinate the relationship between trade and environment. It also has certain reference value to take the path of sustainable development.