国际贸易中的PPM标准问题及我国对策研究
发布时间：2018-11-07 17:32
【摘要】：PPM标准是针对产品的加工和生产过程、方法所指定的特定的环境标准。PPM标准由于各国经济发展水平和社会发展阶段的不同,各国国内标准也千差万别。在国际贸易中,当各国不同的PPM标准产生冲突时就产生了贸易争端,可以说,围绕PPM标准所展开的一系列争端其实是环境与贸易问题的缩影,之所以会产生诸多的矛盾是因为发达国家与发展中国家由于经济水平和社会发展阶段的不同,对待环境问题的看法和关注的环境问题的侧重点不同所引起的。我国作为发展中国家,在国际贸易中也因为PPM标准过低等问题而遭受不利影响。本文主要阐述了PPM标准的产生,综合介绍了标准的定义和分类,并联系WTO中两个典型案例,对发达国家与发展中国家的争论焦点做出梳理,并分析了南北双方产生这种分歧的客观原因,最后对我国的PPM标准现状和应当采用的对策提出建议。具体来说,文章分为三大主要部分: 第一部分,主要对PPM标准进行了系统的介绍,包括定义,分类,WTO对其的规定,MEA对其的规定以及二者的冲突。介绍了基于PPM标准而采取的环境贸易限制措施所产生的背景,其社会经济背景是贸易与环境冲突的逐渐凸显;并介绍了自由贸易和环境保护两者之间的相互影响,双方都是既有积极影响,又有消极影响;其法律背景是环境法预防原则的提出,环境成本内在化的需求和全过程治理环境问题的需求。 第二部分,主要结合GATT和WTO中关于PPM的两个案例:金枪鱼海豚案和海虾海龟案对PPM问题在国际贸易中争端的具体体现做出阐述和分析,主要涉及与产品无关的PPM即NPR-PPM的地位问题,域外效力问题和同类产品怎样界定问题。分析了发达国家与发展中国家在对待PPM标准上的不同立场以及其背后的客观原因,认为由于经济发展水平和社会发展阶段的不同必然造成两者在对待PPM上的态度差异,发达国家更关注本国产业的竞争力问题,发展中国家更关注产品在国际贸易中的市场准入问题;并且两者在对环境问题的关注侧重点上也不同,发展中国家关注的环境问题比较基本,而发达国家关注的环境问题可能涉及道德观念,人权等更复杂的层面。 第三部分,介绍了我国PPM标准的现状,分国际和国内层面;我国应当采取的对策,国际上应当积极参与国际公约和标准的制定,拒绝将NPR-PPM纳入WTO体系中,国内应当完善清洁生产制度,鼓励企业采用自愿PPM生态标志。
[Abstract]:PPM standard is a specific environmental standard for the processing and production process of products. Due to the different levels of economic development and social development of different countries, the domestic standards of PPM standards are also very different. In international trade, trade disputes arise when different PPM standards come into conflict. It can be said that a series of disputes about PPM standards are in fact the epitome of environmental and trade issues. Many contradictions arise from the differences between developed and developing countries in terms of their economic level and stage of social development, their views on environmental issues and their focus on environmental issues. China, as a developing country, is also adversely affected by the low PPM standard in international trade. This paper mainly expounds the emergence of PPM standard, introduces the definition and classification of the standard, and combs the controversy between developed and developing countries by referring to two typical cases in WTO. The paper also analyzes the objective reasons for the difference between the north and the south, and finally puts forward some suggestions on the status quo of PPM standards and the countermeasures to be adopted in our country. Specifically, the paper is divided into three main parts: the first part, mainly introduces the PPM standard systematically, including definition, classification, WTO's stipulation, MEA's stipulation and the conflict between them. This paper introduces the background of the environmental trade restriction measures based on PPM standard, whose social and economic background is the increasingly prominent conflict between trade and environment. It also introduces the interaction between free trade and environmental protection, both of which have both positive and negative effects. Its legal background is the principle of environmental law prevention, the demand of internalization of environmental cost and the demand of managing environmental problems in the whole process. The second part mainly combines the two cases of PPM in GATT and WTO: tuna dolphin case and sea shrimp turtle case to elaborate and analyze the specific embodiment of the PPM problem in the international trade dispute. It mainly involves the status of PPM (NPR-PPM) which is not related to the product, the problem of extraterritorial effect and how to define the similar products. This paper analyzes on the different positions of developed and developing countries in the treatment of PPM standards and the objective reasons behind them, and points out that the differences in attitude towards PPM are inevitable due to the difference of economic development level and social development stage. Developed countries are more concerned about the competitiveness of their own industries, and developing countries are more concerned about market access of products in international trade; Moreover, the two countries also pay different attention to the environmental issues. The developing countries pay attention to the environmental problems more basic, while the developed countries concern about the environmental problems may involve more complex aspects, such as moral concept, human rights and so on. The third part introduces the current situation of China's PPM standard, which is divided into international and domestic levels. China should actively participate in the formulation of international conventions and standards and refuse to incorporate NPR-PPM into the WTO system. China should perfect the cleaner production system and encourage enterprises to adopt voluntary PPM eco-label.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9
本文编号：2317071
[Abstract]:PPM standard is a specific environmental standard for the processing and production process of products. Due to the different levels of economic development and social development of different countries, the domestic standards of PPM standards are also very different. In international trade, trade disputes arise when different PPM standards come into conflict. It can be said that a series of disputes about PPM standards are in fact the epitome of environmental and trade issues. Many contradictions arise from the differences between developed and developing countries in terms of their economic level and stage of social development, their views on environmental issues and their focus on environmental issues. China, as a developing country, is also adversely affected by the low PPM standard in international trade. This paper mainly expounds the emergence of PPM standard, introduces the definition and classification of the standard, and combs the controversy between developed and developing countries by referring to two typical cases in WTO. The paper also analyzes the objective reasons for the difference between the north and the south, and finally puts forward some suggestions on the status quo of PPM standards and the countermeasures to be adopted in our country. Specifically, the paper is divided into three main parts: the first part, mainly introduces the PPM standard systematically, including definition, classification, WTO's stipulation, MEA's stipulation and the conflict between them. This paper introduces the background of the environmental trade restriction measures based on PPM standard, whose social and economic background is the increasingly prominent conflict between trade and environment. It also introduces the interaction between free trade and environmental protection, both of which have both positive and negative effects. Its legal background is the principle of environmental law prevention, the demand of internalization of environmental cost and the demand of managing environmental problems in the whole process. The second part mainly combines the two cases of PPM in GATT and WTO: tuna dolphin case and sea shrimp turtle case to elaborate and analyze the specific embodiment of the PPM problem in the international trade dispute. It mainly involves the status of PPM (NPR-PPM) which is not related to the product, the problem of extraterritorial effect and how to define the similar products. This paper analyzes on the different positions of developed and developing countries in the treatment of PPM standards and the objective reasons behind them, and points out that the differences in attitude towards PPM are inevitable due to the difference of economic development level and social development stage. Developed countries are more concerned about the competitiveness of their own industries, and developing countries are more concerned about market access of products in international trade; Moreover, the two countries also pay different attention to the environmental issues. The developing countries pay attention to the environmental problems more basic, while the developed countries concern about the environmental problems may involve more complex aspects, such as moral concept, human rights and so on. The third part introduces the current situation of China's PPM standard, which is divided into international and domestic levels. China should actively participate in the formulation of international conventions and standards and refuse to incorporate NPR-PPM into the WTO system. China should perfect the cleaner production system and encourage enterprises to adopt voluntary PPM eco-label.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9
【参考文献】
相关期刊论文 前8条
1 刘勇;WTO体制内有关环境保护的PPMs标准问题[J];对外经贸实务;2003年07期
2 张旭菲;PPM标准与国际贸易[J];改革与战略;1998年05期
3 贺小勇;PPM标准及我国的对策[J];国际贸易;1995年09期
4 曾凡银,冯宗宪;基于环境的我国国际竞争力[J];经济学家;2001年05期
5 于文静,何琼秀,张双,吴沅达,刘超捷;浅探国际贸易中的PPM标准[J];彭城职业大学学报;2004年03期
6 那力,李海英;WTO框架中的PPMs问题[J];法学论坛;2002年04期
7 张旭菲;贸易与环境:PPM问题[J];亚太经济;1998年Z2期
8 黄辉;;影响国际环境保护和WTO规则关系的PPMS标准[J];亚太经济;2006年01期
相关硕士学位论文 前4条
1 曾玉莹;PPM标准法律问题研究[D];重庆大学;2005年
2 庄宁;单边PPM环境贸易措施法律问题研究[D];西南政法大学;2009年
3 章伟;国际贸易中的PPM法律问题研究[D];复旦大学;2009年
4 杨帆;论国际贸易与环境保护冲突协调下的PPM标准[D];北京交通大学;2010年
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