Green Barriers Of The Legal Measures,

With the economy development of developed countries and the improvement of people's living standard, people around the world have began paying more attention to their health and life quality, refusing to accept products that are harmful to health and environment protection. Consequently, green barrier came into being. As one kind of market entry obstacle, green barrier prevents or limits foreign products from being imported. The article discusses how and why green barrier come into being, its legal principle analysis, main characteristics and forms, the consequences caused, and finally, the article provides some legal countermeasures on green barriers.From objective and subjective aspects, the writer analyzes why green barrier appears, among which the environment protection rules are the objective reason, while the subjective reason being that developed countries want to obtain trade advantages and protect their environment. Green barrier tracks from environmental regulations in international trade agreement, international environmental convention, international environment management system standard series ISO 14000 and environment label system. On analyzing the legal principle of green barrier, first, the writer sets forth the legal foundation of green barrier, including WTO/GATT agreement, international environment convention, laws of each country and so on. Second, the writer explains the twofold meanings of green barrier, which has double meanings not only in its original and extended meaning but also in its goal and consequences. Third, the author analyzes the ethics disputes between trade protection and environment protection caused by green barrier. Fourth, taking the China-Japan trade as an example, the author makes a confronting analysis of green barrier. Fifth, the author probes into how to think about the legal category of green barrier. When comes to the characteristics of green barrier, the author points out that green barrier, being a new kind of trade protection, covers more protection scopes, conceals itself more easily and sham itself with a cover. The main forms of green barriers can be concluded as follows: relatively high inquirements on harmful contents in goods, green technical standards, green environment label, green packing and so on. Determined by its features and forms, green barrier has a much greater effect ondeveloping countries than on developed countries, especially that it has brought negative effect on the trade and environment of China. ,In order to handle the problems caused by green barrier, the author suggest that we take the following measures. First, by trying to clarify, amend and harmonize the regulations, we can solve the related legal problems of WTO itself. Second, in accordance with China's reality, we can cope with green barrier through WTO mechnism and the efforts of governments and enterprises. Third, we need to work out and perfect relevant laws, so that we can find a solution to green barrier by turning to laws in the long end.