Research On Legal Issues Of Green Trade Barriers For Agricultural Products Between China And RCEP Partner Countries

The RCEP agreement will enter into force in 2022,further lowering tariff barriers and increasing openness,which corresponds to the Party’s emphasis in the 20 th National Congress report on promoting a high level of openness,accelerating the building of a strong trade country,and implementing a more proactive open strategy,etc.It is a great opportunity for the RCEP member countries to develop their economies,especially when their economies are in the doldrums due to repeated epidemics.However,tariff barriers continue to reduce,but trade protectionism began to rise,the contradiction between the two has given rise to new trade barriers,green barriers is one of them.In recent years,China’s exports of agricultural products to Japan,South Korea and other RCEP partners have been notified by the importing countries,and trade friction is still increasing.Although green barriers to trade have a "reasonable" purpose and "legal" form,they are a major obstacle to trade freedom because of the lack of transparency in technical regulations,vague risk assessment provisions and unsound regional cooperation guarantee mechanisms.It is extremely unfavorable to the agricultural trade among RCEP member countries.Therefore,it is of great theoretical and practical significance to study the legal problems of green trade barriers for agricultural products between China and RCEP partner countries at present.The main content of this paper is to study the legal problems of green trade barriers for agricultural products between China and RCEP partner countries,mainly including the following aspects.First,it introduces the background of the study on green barriers to agricultural trade in the context of RCEP,as well as the purpose and significance of the study,and gives a programmatic description of the general content of this paper.Secondly,we explain the basic theory of the legal aspects of green barriers to agricultural trade,mainly defining the concepts of "agricultural products" and "green barriers to trade",and explaining the theoretical basis for dealing with green barriers.Thirdly,we will analyze the relevant legislation of China and RCEP partner countries,organize the legislative features,introduce the cases in practice,and analyze the controversial issues in the litigation of these cases,so as to provide a realistic basis for the following questions.Fourthly,the legal problems of green trade barriers to agricultural products between China and RCEP partner countries are explored,including the lack of transparency of technical regulations,vague provisions on risk assessment and inadequate safeguard mechanisms for regional cooperation.Fifth,according to the legal problems of green trade barriers for agricultural products between China and RCEP partner countries,the United States and the European Union are selected as reference objects to summarize their experiences.Sixthly,based on the background theory,case study and experience learning,the legal problems summarized in this article are combined with the relevant provisions of international law,and suggestions are put forward to cope with them.The main research methods used in the article are literature analysis,case study analysis,and comparative analysis.At the same time,this article adopts the latest research results of a large number of scholars before and after RCEP came into effect,refers to the relevant provisions of international legislation,analyzes the problems in practical cases,and finally provides suggestions to deal with the legal problems of green barriers to agricultural trade between China and RCEP partner countries,hoping to provide a positive effect on the breakthrough of green barriers to agricultural trade between China and RCEP partner countries.