绿色壁垒英文文献及翻译

1、原文与译文GREEN BARRIERS FROM THE STANGPOINT OF SUSTAINABLE DEVELOPMENTAbstract: Green barriers are one kind of non-tariff barrier (NTB). This paper points out that green barriers evolved from sustainable development theory and environmental protection, but are compatible with true comparative advantage.

2、 The best way to surmount green barriers for Chinese enterprises is to implement circular production processes and clean production techniques.Key Words: Green barriers, sustainable development, ecology environment, circular economy, life-cycle analysis.1. IntroductionSince the opening up and econom

3、ic reform of China, its foreign trade volume has risen continuously from US$20.6 billion in 1978 to US$1,422 billion in 2005. The sum of exports plus imports as a fraction of GDP is 65.8%, the share of exports is 36.2%, the share of imports is 29.6% in 2006 in China (The National Bureau of Statistic

4、s of China, 2006). Exports mainly concentrate on labor intensive and resource intensive industries: labor intensive products accounting for 40% of total manufacturing exports and resource intensive including rubber and metal products accounting for 20%. This export pattern depletes resources and cau

5、ses high emissions and high pollution, a serious environmental problem in China (Gu, 2005). In addition, besides agricultural products, the exportation of mechanical and electrical products is facing increasing technical barriers such as noise, pollution, safety standards, energy saving, and recycli

6、ng requirements. Every year, about US$8 billion of export products are affected by foreign green labeling and trademarks and US$24 billion of products are indirectly influenced since packing methods do not satisfy the environmental protection standard of developed countries. Therefore, how to treat

7、and cope with green barriers is imperative for Chinas foreign trade.2. Green Barriers Implication of the green barrierWhile there are no accurate and clear definitions in international treaties or agreements, agree barrier is a new term to mean the application of strict technical standards and regul

8、ations in international trade (Dong, 2003). Besides a green environmental label, green barriers also include environmental surtaxes, market access requirements, green technology standards, green packaging, green sanitary measures and green subsidiaries (Leng, 2005). Normally, a green barrier is rega

9、rded as an environmental barrier implemented by developed countries, who, on the grounds of protection of animal or plant life, establish strict and compulsory measures to restrict certain imported products (Gao, 2004). According to some authors, green barriers are a type of protectionism, unfair to

10、 developing countries and restricting their economic development (Tang and Tan, 2004).In fact, the evolution and practice of green barriers conforms to sustainable global economic development along the lines of true comparative advantage. Developed countries realized sooner the facts concerning envi

11、ronmental externalities and their damage to humans and the environment. Some developed countries set up technological standards on the environment and natural resources, requiring that both the end products and all the production processes (R&D, producing, packing, transporting, consuming and recycl

12、ing) conform to environmental protection requirements. Hence, green barriers have appeared on the international trade stage. If green barriers are defined as unfair and discriminatory measures relating to trade as some Chinese scholars think, a resisting and rejecting attitude will persist. This wil

13、l ignore the positive effects of green barriers on protecting the environment as well as the health of human beings, animals and plants. Unless arbitrary or unjustifiable environmental trade methods hinder international trade, a rational attitude and analysis should be adopted.The meaning of trade b

14、arrier includes tariff barrier and non-tariff trade barriers, and the technological barrier is the main form of non-tariff trade barriers. With the constant development of TBT(Technical barriers to trade)，the green barrier has already become the important component of TBT.Green barrier is a kind of

15、neutral barrier. Normal green barrier means to take rational measure of trade actually to protect environment legally. And the rational green barrier means that the importer implement import restrictions on ecological environment protection, natural environment, the health animals and plants. Up to

16、now, it has already permeated through planning from the initial raw materials of products to each link, such as production procedure, packing and selling, consumers usage and scrap and dealing, etc. Progressively. It stipulates according to relevant environmental protection standards, requires the i

17、mport goods should not only be in accordance with the quality level, and should also be in accordance with the environmental protection request from designing, making, packing to consuming link of handing etc., and cant cause danger to ecological environment and human health. Such new trade protecti

18、ve measure can stop abroad products effectively, especially environmental consciousness bad, backward in technique entry of product of developing country. The formulation of the green barrierSince the opening up and economic reform of China, its foreign trade volume has risen continuously from US$20

19、.6 billion in 1978 to US$1,422 billion in 2005. The sum of exports plus imports as a fraction of GDP is 65.8%, the share of exports is 36.2%, the share of imports is 29.6% in 2006 in China (The National Bureau of Statistics of China, 2006). Exports mainly concentrate on labor intensive and resource

20、intensive industries: labor intensive products accounting for 40% of total manufacturing exports and resource intensive including rubber and metal products accounting for 20%. This export pattern depletes resources and causes high emissions and high pollution, a serious environmental problem in Chin

21、a (Gu, 2005). In addition, besides agricultural products, the exportation of mechanical and electrical products is facing increasing technical barriers such as noise, pollution, safety standards, energy saving, and recycling requirements. Every year,about US$8 billion of export products are affected

22、 by foreign green labeling and trademarks and US$24 billion of products are indirectly influenced since packing methods do not satisfy the environmental protection standard of developed countries. Therefore, how to treat and cope with green barriers is imperative for Chinas foreign trade.With the ra

23、pid economic growing of various countries, the global environmental question is aggravated day by day after the World War II. In face of the ecological environment that is destroyed and polluted miserably, the green peace organization has sent out the sharp accusation: the mankind has made the parad

24、ise of a piece of rubbish, world people increasing at double and spreading like the pestilence have caused the extinction of 500 animals and plants, it is robbing the fuel on the earth. When the holding capacity of the ecological environment reaches limit, it will begin to carry the terrible vindict

25、iveness to the mankind. In face of the severe vindictiveness of natural environment, day-by-day the international community has lifted the powerful environmental tide. People also gradually realize that it is mankinds common responsibility to protect the environment, and we must adopt the common act

26、ion.The formulation of the green barrier of trade protectionism and needs are not out of ecological environment protection and human health there is one side reason is that trade of its rationality. But its profound reason is that trade protectionism resumes, and several negotiations between GATT an

27、d WTO have already kept the tariff very low, carious countries are unable to achieve the goal of exercising restraint in importing to cause through the tariff. Protecting the national economic benefits is basic hopes when various countries carry on international trade, so adopting restriction when f

28、oreign products enter national market, and guaranteeing national products that occupied domestic market become natural acts2.3 Characteristics of the green trade barrierThere are era backgrounds in appearances of the green trade barrier of rationality of the surface content. Limit increased which Cl

29、ub of Rome published in 1972. The report and the first world environments summit meeting holding at Stockholm of Sweden in the same year have promoted the development of environmental protection sport of the world. Mankind begin to think the relations of the environment, economic growth and social w

30、elfare, to intro-sped the prevailing consumption mode, followed the world environmental doctrine sport, and to think the production, trade and environmental protection factor while consuming be paid more and more concerns. On the other hand, the deterioration of environment is constant day by day, a

31、nd arouses highly concerns of the people all around the world, especially on the environmental protection of developed country. People care more and more about life quality, pay close attention to the ecological environment, and pursue non-harmful consumption. Although the green trade barrier seems

32、has catered to the publics needs, and is in accordance with sustainable development goals of various countries, the trade protectionism restrains the foreign products from importing in fact.The legitimacy of the external form lies in a series of countries as a kind of brand-new main difference betwe

33、en green trade barrier and other non-tariff trade barriers. Border legislates in order to legislate to stipulate and implement publicly accusing to using publicly at home. Have all made the corresponding regulation to the green trade barrier in PTO, relevant trade agreement and international environ

34、mental convention. At present, more than 150 multilateral international protocols have already been signed in the world. The extension of the scope of application with various countries actively pursues the sustainable development strategy.The range of the green trade barrier is more and eating, wea

35、ring, using, living, transporting to playing, and from means of livelihood to means of production, all products trade related to ecological environment, natural health belong to it and protect resources and human health belong to it and protect the content. In the last few years, some fields, such a

36、s service trade, technological trade have expanded beyond the trade of the products.Nationality of the basic characteristics of the nominal: Green trade barriers to protect the worlds resources, environment and human health, and trade limited sanctions. People in the modern society, the living envir

37、onment and quality of life of the increasingly high demand, will naturally focus on environmental issues, for possible environmental and health goods and services performance out of the high sensitivity of the harm. The green trade barrier is holding the common psychological, makes trade protection

38、have ingenious rationality in name and formulation.Legal form: Although the green trade barriers which belongs to the category of non-tariff barriers, but the difference is that most of the non tariff barrier is not relevant picture through open legislation to stipulate and implement measures, while

39、 the green trade barrier is a series of domestic and international public law as the basis and foundation. Since 70 time, the international community by the relevant international organizations and international conference has developed a number of multilateral environmental agreements, rules. They

40、are in the form of international environmental law and in shock and impact on the international trade, plays an important role can not be ignored. Extensive protection content: Green barriers to protect the content is very extensive, it is not only related to regulations and many commodity resources

41、 related to environmental protection and human health in the production and sales of and restrictions, but also produce great pressure on those who need to reach a certain security, health, antifouling, standard industrial manufactured goods, foreign trade and so on developing countries economic dev

42、elopment is of great challenge. At the same time, because of the uncertainty and plasticity of green barriers to trade protection measures, so in the implementation and the operation, is also very easy to some developed countries to resist from the products of developing countries has to be difficul

43、t.Protection mode of concealment: And measures of non-tariff barriers, as compared with import quantity and quota, green barriers has more concealment. First of all, unlike the quota and license management measures that, obviously has the unreasonable and discriminatory allocation, not easy to cause

44、 trade friction。Secondly, various inspection standards based on modern science and technology is not only extremely strict and cumbersome, complex, difficult to cope with and adapt to the exporting country. For example, in 1995 April, the international organization for standardization to carry out t

45、he implementation of international environmental monitoring system, many countries use this standard limits and to reject the product import.Technical requirements of the relativity of green trade: In developed countries, relatively close to the level of environmental protection technology, less dis

46、putes between them because of environmental problems caused by trade. And in between the developed countries and the developing countries, the developed countries of higher environmental standards and the corresponding management measures, for developing countries, is often a lot of green barriers i

47、nsurmountable.3. A Rational Analysis of Green BarriersGreen barriers are the outcome of economic development (Fen, 2004). Mass production and development of technology bring about two results. One is the positive effect on economy, increasing income and living standards; the other is the huge, somet

48、imes irreversible negative influence on natural resources and the environment. Many examples can be seen worldwide: desert encroachment, deforestation, water shortages, acid rain, biodiversity reduction; in short, air, land and sea pollution in general. While enjoying the increased welfare caused by

49、 high economic growth, the world is suffering serious environmental deterioration (Na, 2000). Our Common Future(WCED, 1987) put forward the idea of sustainable development in 1987, calling for a common endeavor that human beings should protect the environment and the health of people, animals and pl

50、ants. The WCED defined sustainable development as development which meets the needs of the present without compromising the ability of future generations to meet their own needs. In 1994, the IISD proposed the Winnipeg Principles as a means for reconciling international trade and development so as t

51、o achieve sustainable development (IISD, 1994). These principles constitute a starting point to integrate trade, the environment and development. The central idea in considering internalizing the environment through international cooperation is regulation in international trade. Economic growth aris

52、ing from trade liberalization is the necessary condition for sustainable development, but trade liberalization without sufficient environment regulation will induce environmental degradation (Wang, 2005). Therefore, based on sustainable development theory and compatibility with comparative advantage

53、 (see the Appendix), green barriers have a positive and rational effect.3.1. An International Environmental Management System Incorporating Rational Green BarriersFirst of all, the WTO/GATT is not against environmental measures related to trade adopted by its member countries. Article XX (b) and (g)

54、 allow WTO members to adopt and enforce measures if these are either necessary to protect human, animal or plant life or health, or if the measures relate to the conservation of exhaustible natural resources. However, such measures should not represent a disguised restriction on international trade

55、nor be discriminatory in application. This Article has been regarded as the general principle for dealing with environmental disputes under the WTO. In addition, environmental exceptions can be found in many WTO agreements like the Agreement on Agriculture, the Agreement on Subsidies and Countervail

56、ing Measures, Trade Related Intellectual Property Rights (TRIPS) and others . These regulations imply that countries have the right to establish protection of human, animal or plant life or the environment, subject to the requirement that the protection does not constitute arbitrary discrimination o

57、r unwarranted restriction on trade. Therefore, a green barrier as an environmental measure related to trade, has been widely accepted, at least in principle, by WTO members.Furthermore, the ISO promulgated ISO 14000 in 1996 in order to maintain global ecological balance and to harmonize environmenta

58、l protection and economic development. ISO 14000 includes environmental management standards, environmental auditing, environmental labeling, and environmental impact assessments. It aims at establishing an Environmental Management System , promoting its implementation through environment assessment

59、 and auditing to improve the global environment. ISO 14000 has an active effect on reducing resource depletion and abating pollution emission. The European Union has applied ISO14000, requesting that all imported goods meet its environment standards covering materials, production, marketing, consumption and disposal. If ISO14000 can be adopted universally, it will diminish arbitrary trade barriers and promote the development of world trade along the lines of true comparative advantage. An international u