可持续贸易与环境保护的中国法律与实践

当代国际贸易应当是可持续贸易,即可持续发展的贸易,这就要求发展国际贸易必须兼顾环境保护.WTO已经越来越多地关注环境保护问题.CBD及其他有关公约也包含了贸易条款或者对贸易具有影响的条款.我国作为WTO成员和CBD等有关国际条约的缔约国,为履行有关条约义务,同时也为我国的可持续发展,制定了大量的法律、法规,在执法方面也作出了很多努力,但仍有待加强.我国应完善相关立法,有效地利用WTO规则应对可持续贸易与环境保护带来的挑战.

Law and Practice on Sustainable Trade and Environmental Protection in China

Sustainable trade has become an important topic of the day due to the more and more attention the international community pays to environmental problems. Sustainable trade is the trade being able to assure sustainable development, which requires that international trade pay more attention to environmental protection. The problem of sustainable trade and environmental protection is, in the perspective of international law, the problem of the relationships between multilateral trade systems and trade clauses in the environmental conventions.WTO pays more attention to environmental problems than its predecessor GATT. It is noted in the preamble to the WTO Agreement that the parties should allow for the optimal use of the world's resources in accordance with the objective of sustainable development and seek both to protect and preserve the environment. The spirit of promoting sustainable trade and environmental protection has also been symbolized in the other agreements and documents of WTO as well as the practice of DSB of WTO. CBD and other relevant conventions include trade clauses or have some effect on trade, requiring international trade to conform to the need of protecting the environment, especially to maintain biodiversity. As a the contracting party of both WTO and CBD and other relevant treaties, China has adopted and implemented laws and regulations in order to perform the obligations of such treaties and meanwhile to maintain sustainable development. The pressures from ecology and the environmental barriers to international trade, however, should still be concerned. It is urgent to perfect relevant legislations and effectively use WTO rules to meet the challenges raised by sustainable trade and environmental protection.