PPM标准法律问题研究
发布时间：2018-08-07 21:03
【摘要】：PPM 标准是针对产品的加工和生产过程所制定的特定的环境标准,它是在产品投入市场前,对该项产品生产加工过程中环境保护状况的技术规范要求。比如,在生产中废气、废水、废渣的排放量符合一定的标准、采用先进的清洁技术进行生产、以可持续的方式管理林地、以无害于其它生物的方式猎捕动物等。近年来,一些发达国家利用本国较高的PPM 标准,将发展中国家的产品拒于门外。那么如何完善我国有关PPM 标准法律制度,以抵制这一绿色贸易壁垒呢?这是本文的中心论题。由于目前我国有关PPM 标准法律制度的指导思想陈旧,笔者认为完善有关PPM 标准法律制度应该是:以可持续发展理论为指导思想,从我国的实际情况出发,在国家立法的同时,鼓励地方性立法,加快立法的步伐,注重立法的质量,逐步走出一条符合我国国情具有可操作性,并与WTO 和MEA 协议中PPM 标准相协调的PPM 标准法律制度的道路。本文指涉之具体内容可分为以下四个部分: 第一部分是PPM 标准的概述。对于PPM 标准的概念学界并无太多争议,本文按照经济合作与发展组织(OECD)的规定将PPM 划分为两类,即:与产品性能有关的PPM(product-related PPM 即PR-PPM)和与产品性能无关的PPM(non-product-related PPM 即NPR-PPM)。这两类PPM 标准的存在有着同样的理论依据和社会根源。在人类遭到自然的惩罚后,猛然觉醒,意识到可持续发展理论的重要性,一些政府也提出了以预防为主,全过程管理,“从摇篮到坟墓”的环保思想。而PPM 标准法律制度正符合这种新的环保思想。因而在WTO 规则、MEA 协议及各国国内立法中都能找到PPM 标准法律制度的踪迹。同时,笔者也分析了PPM 标准法律制度的趋势和对贸易的影响。即:正面的影响和负面的影响。也正由于其双面的影响,才使得本文的研究有了现实的意义。 第二部分是PPM 标准法律制度的国际实践。WTO 规则下的PPM 标准法律制度主要见于《技术性贸易壁垒协议》(简称TBT 协议)和《卫生与植物检疫措施协议》(简称SPS 协议)中。WTO 认为只要是“相似产品”而不论其生产加工过程和方法是否损害环境,均受到非歧视性原则的保护。一国不得用本国较高的NPR-PPM 标准来限制他国未达标的产品进口,认为其限制行为违反了WTO 的基本原则。显然这同MEA 协议旨在保护环境的目的背道而驰。MEA 协议中的规定则允许一国采取单边措施禁止未达到NPR-PPM 标准的产品进口。可以看出,WTO规则与MEA 协议中的PPM 标准之间存在着冲突。笔者认为冲突的根本原因在于二者所追求的目标不同,并提出了三种解决冲突的方法以供参考。 第三部分是我国PPM 标准法律制度现状分析。由于发达国家凭借其强大的经
[Abstract]:PPM standard is a special environmental standard for the process of product processing and production. It is the technical standard requirement of environmental protection in the process of production and processing before the product is put into the market. For example, emissions of waste gas, waste water and waste residue in production meet certain standards. Advanced clean technologies are used to produce forest land in a sustainable manner, and animals are hunted in a way that is harmless to other organisms. In recent years, some developed countries have used their higher PPM standards to shut out products from developing countries. So how to improve the legal system of PPM standards in China in order to resist this green trade barrier? This is the central topic of this paper. Because the guiding ideology of PPM standard legal system in our country is out of date at present, the author thinks that to perfect the legal system of PPM standard should be: take the theory of sustainable development as the guiding ideology, proceed from the actual situation of our country, at the same time of national legislation, To encourage local legislation, speed up the pace of legislation, pay attention to the quality of legislation, step by step out of the way of a legal system of PPM standards which is operable in accordance with the national conditions of our country and coordinated with the PPM standards in WTO and MEA agreements. The specific contents of this paper can be divided into the following four parts: the first part is an overview of PPM standards. There is not much controversy about the concept of PPM standard. This paper divides PPM into two categories according to the rules of (OECD) of the Organization for Economic Cooperation and Development, that is, PPM (product-related PPM or PR-PPM) related to product performance and PPM (non-product-related PPM (NPR-PPM) which is independent of product performance. The existence of these two PPM standards has the same theoretical basis and social root. After being punished by nature, human beings suddenly awoke and realized the importance of the theory of sustainable development. Some governments also put forward the idea of "cradle to grave", which is mainly about prevention, whole process management and "cradle to grave". The PPM standard legal system is in line with this new idea of environmental protection. Therefore, the PPM standard legal system can be found in the WTO rules and the domestic legislation of various countries. At the same time, the author also analyzes the trend of PPM standard legal system and its influence on trade. That is: positive and negative effects. Because of its influence on both sides, the research of this paper has practical significance. The second part is the international practice of the PPM standard legal system. The PPM standard legal system under the WTO rules is mainly found in the Agreement on Technical barriers to Trade (TBT Agreement) and the Agreement on Sanitary and Phytosanitary measures (SPS Agreement). The WTO considers that as long as it is a "similar product", regardless of whether its production and processing processes and methods damage the environment, Are protected by the principle of non-discrimination. A country must not use its own higher NPR-PPM standards to restrict imports of products that are not up to standard, arguing that the restrictions violate the basic principles of WTO. Obviously, this is contrary to the MEA's aim to protect the environment. The MEA agreement allows a country to take unilateral measures to ban imports of products that do not meet the NPR-PPM standards. It can be seen that there are conflicts between WTO rules and PPM standards in MEA protocol. The author thinks that the root cause of conflict lies in the different goals they pursue, and puts forward three methods to solve the conflict for reference. The third part is the analysis of China's PPM standard legal system. Because the developed countries, by virtue of their powerful economy,
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D996;D912.6
本文编号：2171334
[Abstract]:PPM standard is a special environmental standard for the process of product processing and production. It is the technical standard requirement of environmental protection in the process of production and processing before the product is put into the market. For example, emissions of waste gas, waste water and waste residue in production meet certain standards. Advanced clean technologies are used to produce forest land in a sustainable manner, and animals are hunted in a way that is harmless to other organisms. In recent years, some developed countries have used their higher PPM standards to shut out products from developing countries. So how to improve the legal system of PPM standards in China in order to resist this green trade barrier? This is the central topic of this paper. Because the guiding ideology of PPM standard legal system in our country is out of date at present, the author thinks that to perfect the legal system of PPM standard should be: take the theory of sustainable development as the guiding ideology, proceed from the actual situation of our country, at the same time of national legislation, To encourage local legislation, speed up the pace of legislation, pay attention to the quality of legislation, step by step out of the way of a legal system of PPM standards which is operable in accordance with the national conditions of our country and coordinated with the PPM standards in WTO and MEA agreements. The specific contents of this paper can be divided into the following four parts: the first part is an overview of PPM standards. There is not much controversy about the concept of PPM standard. This paper divides PPM into two categories according to the rules of (OECD) of the Organization for Economic Cooperation and Development, that is, PPM (product-related PPM or PR-PPM) related to product performance and PPM (non-product-related PPM (NPR-PPM) which is independent of product performance. The existence of these two PPM standards has the same theoretical basis and social root. After being punished by nature, human beings suddenly awoke and realized the importance of the theory of sustainable development. Some governments also put forward the idea of "cradle to grave", which is mainly about prevention, whole process management and "cradle to grave". The PPM standard legal system is in line with this new idea of environmental protection. Therefore, the PPM standard legal system can be found in the WTO rules and the domestic legislation of various countries. At the same time, the author also analyzes the trend of PPM standard legal system and its influence on trade. That is: positive and negative effects. Because of its influence on both sides, the research of this paper has practical significance. The second part is the international practice of the PPM standard legal system. The PPM standard legal system under the WTO rules is mainly found in the Agreement on Technical barriers to Trade (TBT Agreement) and the Agreement on Sanitary and Phytosanitary measures (SPS Agreement). The WTO considers that as long as it is a "similar product", regardless of whether its production and processing processes and methods damage the environment, Are protected by the principle of non-discrimination. A country must not use its own higher NPR-PPM standards to restrict imports of products that are not up to standard, arguing that the restrictions violate the basic principles of WTO. Obviously, this is contrary to the MEA's aim to protect the environment. The MEA agreement allows a country to take unilateral measures to ban imports of products that do not meet the NPR-PPM standards. It can be seen that there are conflicts between WTO rules and PPM standards in MEA protocol. The author thinks that the root cause of conflict lies in the different goals they pursue, and puts forward three methods to solve the conflict for reference. The third part is the analysis of China's PPM standard legal system. Because the developed countries, by virtue of their powerful economy,
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D996;D912.6
【引证文献】
相关硕士学位论文 前5条
1 卓妍;PPM标准法律问题研究[D];南昌大学;2010年
2 刘婷婷;国际贸易中的PPM标准问题及我国对策研究[D];华东政法大学;2011年
3 刘洋;国际贸易中PPM标准的法律规制研究[D];东北大学;2009年
4 戚霖;电子废弃物立法比较研究及我国立法的完善[D];中国海洋大学;2008年
5 郑灿;从绿色壁垒到绿色贸易的法律思考[D];复旦大学;2010年
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