WTO 체제하 중국의 무역법 및 기후변화법 충돌의 개선방안 연구

As a new trade protection measures，green trade barrier can not be ignored on the influence of China’s export trade．China should actively participate in the discussions and negotiations on international legislation of environmental protection and trade，carefully study the policies and laws of major national environment and trade，and improve China’s environmental legal system so as to achieve the harmonious and sustainable development of economic，trade and environment．The perfection of related policies in agriculture should be guided by strengthening the ability to adapt to climate change, mitigating the emission of greenhouse gases and promoting sustainable envelopment. The agricultural legal system should be built and improved in terms of agricultural land legislation, agricultural water use legislation, forestry protection legislation, agroecological environmental protection legislation and agrometeorological disaster relief legislation, etc. As a developing country, China is suffering because the lower PPM standard in international trade. The two cases are close to the PPM standard, especially the NPR-PPM. It also analyzes the reasons behind that why the developing and developed countries have such difference at the PPM standard. Developed countries are more concerned about competitiveness of domestic industries, while developing countries pay more attention to products market access in international trade. They are also different in focus on environmental issues. The third part introduces the status of PPM standard in China and suggests the measures we should take. We should actively participate in inter- national conventions and standards, refuse the NPR-PPM bringing into the WTO system, we should improve the clean production system, encourage enterprises to adopt a voluntary eco-labeling PPM. In order to promote the transformation to the low carbon economy and demonstrate the international leadership，the United Kingdom，at the end of 2008，led the way to promulgate and implement the first Climate Change Law in the world．The law establishes the medium and long term target of reducing green house gas emissions，not only setting up the climate change committee，but also regulating each five-year plan of carbon budget and constructing the domestic emission trade system，thus setting a good example for constituting Climate Change Law in other countries．China also faces such multiple challenges as developing economy，eliminating poverty and reducing green house gas emissions． Especially there are severe conditions in climate change and heavy tasks for reducing greenhouse gas emissions．Therefore，it is necessary to have an overall，systematic investigation of the setting background of Climate Change Law，analyzing and abstracting its basic principles and main features，so as to point out the shortage and deficiency in China＇s current law-making and law-enforcing，such as running short of a basic law regulating specially greenhouse gas emissions and a strong administrative department that can be united to lead the nationwide work of reducing green house gas emissions，some clauses in energy law being too abstract to operate，and the criteria of domestic reducing emissions not having the effect of compulsive norm．