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Research On The Environmental Rules In Trans-Pacific Partnership Agreement

Posted on:2018-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2359330536969358Subject:Law
Abstract/Summary:PDF Full Text Request
America has led the negotiation of TPP and made it reach an agreement.But when Trump,the new president of America,came to the office for the first day,he declared to withdraw from the agreement.The Trump Administration is committed to implement trade protectionist policy,which is on the contrary of the trend of worldwide free trade.The question of “to be or not to be” of the TPP has not been decided yet by the other eleven member countries because of the different national interests and lack of leadership.TPP,as a representative of 21 st free trade agreement,is famous for the high standard of the environmental protection.In light of concerned with the environmental rules of TPP,This paper divided the environmental context into three: principal provisions,substantive provisions and procedural provisions.It can be cane to a conclusion that TPP environment chapter is a mature edition among all free trade agreements because it gives expression of the basic principle of international environmental law,the rich contents and distinct characteristics,the higher standard of environment objects and obligations,and the binding power of the dispute settlement body.The TPP environment chapter takes an important status among the agreement in form and in substance.Wherever the TPP goes,the agreement will have a far reaching influence on the construction of new international free trade rules,which is made by twelve member countries by five-year negotiation.On the contrary of the stagnancy of multilateral trade negotiation in WTO,the regional and bilateral trade negotiation come to spring.There is not yet a model edition of environmental rules for the international trade reference in order to achieve a balanced relationship between trade and environment.Instead of the previous way,to make the environment chapter as a single one is advisable.In TPP environmental rules,the environmental dispute can be settled by TPP general dispute settlement body,in that way strengthening the binding power of environment rules.Compared with the TPP environment protection standard,there is a large gap between china and international level.China should take the advantages of the slowing down procedure of TPP and fill the gap of environmental protect level between china and TPP.For international perspective,china is supposed to unite the emerging economies to enhance the ability of rules-making on environmental rules.To take active action in participate the negotiations of environmental subject in free trade agreement is advisable.In the transformation of china's domestic industries and technological upgrading,china is expected to construct and enhance the legal institutions of green trade.It is also conform to the development formation of “five-in-one”.A lager number of domestic free trade zones provide practical spaces to explore environmental subject in free trade agreement.The government should take innovations in leading the enterprises to shoulder more societal responsibilities.The result of TPP negotiation will not go with the dropout of America.It is currently in “era of after America”.Corporation and win-win remains the theme of free trade.For environment,china is expected to stick to the policy of green development,measure the economy by green GDP.In that way the sustainable development aim could come true.
Keywords/Search Tags:TPP Environment Rules, Free Trade Agreement, Environmental Protection, Legal system
PDF Full Text Request
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