2021年1月23日发(作者：排风)
Appendix
：

Green Barriers from the Standpoint of Sustainable
Development
Abstract:
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.
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. Introduction
Since the opening up and economic 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
Statistics 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 causes 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 recycling 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 and
cope with green barriers is imperative for China
’
s foreign trade.
2. Green Barriers
While
there
are
no
accurate
and
clear
definitions
in
international
treaties
or
agreements, a‘green barrier’ is a new term to mean the application of stri
ct technical
standards
and
regulations
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
regarded 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
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 environmental externalities
and
their
damage
to
humans
and
the

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
recycling)
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 will 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.
3. A Rational Analysis of Green Barriers
Green
barriers
are
the
outcome
of
economic
development
(Feng,
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,
sometimes
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
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
plants.
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 to 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
arising
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 (see theAppendix),
green barriers have a positive and rational effect.
3.1. An International Environmental Management System
Incorporating Rational Green Barriers
First
of
all,
the
WTO/GATT
is
not
against
environmental
measures
related
to
trade adopted by its member countries. Article XX (b) and (g) 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 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
Countervailing
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
or
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 environmental 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
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
unified
system
to
regulate
the
environment
issue
is
necessary
in
order
to
achieve
global
sustainable development.
3.2. The Positive Externality of Green Barriers




The positive externality of green barriers is not only embodied in environmental
and
technological
effects,
but
also
in
aligning
world
production
according
to
true
comparative advantage. The existence of green barriers requires the internalization of
the environment cost into the process of production. The products must be friendly to
the
environment
and
should
not
damage
the
environment
in
production,
transit
or
disposal.
These
requirements
make
traded
goods
comply
with
environmental
regulations and standards so as to protect the ecological environment of importing and
exporting countries, as well as to create more resources for environmental investment.
Protecting the environment in one country will have a positive impact on its neighbors
and
the
global
environment;
hence
acting
as
a
positive
global
externality.
The
emergence of green barriers reflects the demand for the coordinated development of
the
environment
and
the
direction
of
development
of
human
society.
The
implementation
of
green barriers also
accelerates the strength
of environmental
and
green consumption awareness.
Stringent environmental standards and market access requirements in developed
countries will spur developing countries to learn advanced technologies and improve
production levels while providing for environmental protection. These green barriers
will bring about a positive externality of technology spillover if their implementation
has an active influence on the greening of world production.
3.3. The Stimulating Effect of Green Barriers




The Porter Hypothesis, proposed by Michael Porter of Harvard University, puts
forward
the
debate
on
the
relationship
between
environmental
regulation
and
competitiveness. According to the Porter Hypothesis, strict environmental regulations
can induce efficiency and encourage innovations that improve competitiveness. This
is because strict environmental regulation triggers the discovery and introduction of
clean
technologies
and
environmental
improvements.
In
this
way,
the
innovative
effect can induce production processes and products to be more efficient and clean.
The social cost savings that can be achieved by innovation are sufficient to cover both
the compliance costs directly attributed to new regulations and the innovation costs .
As
a
result,
appropriate
and
stringent
environmental
regulation
will
lead
to
improvements in social welfare as well as the private net benefits of firms operating
under such regulations .
The concept of green barriers integrates principles and theories of environmental
science,
management,
and
ecology.
Applied
to
the
processes
of
producing,
storage,
using, marketing and recycling, rational green barriers are conducive to structuring a
complete
and
environment-friendly
management
system.
Except
for
those
which
violate
the
non-discriminatory
principles
of
the
WTO,
green
barriers
have
a
stimulating
effect
on
environmental
R&D,
technology
innovation,
clean
production
and
green
marketing.
In
the
case
of
frivolous
barriers,
they
only
protect
environmentally unfriendly production in the home country.
4. The Circular Economy and Green Barriers




Green barriers can restrict some trade activities which negatively affect natural
resources,
the
environment,
human
health
or
life.
Developed
countries
have
established
a
green
fence
to
imported
goods.
For
China,
the
fundamental
way
to
surmount green barriers is to transform traditional production and development modes;
that is
to
say to
carry out
a circular production process
(CP) which is
based on the
principle of efficient utilization of resources and protecting the environment.




Since
industrialization,
economic
development
has
been
characterized
by
high
exploitation of resources and high emissions. The traditional producing and economic
method,
from
production,
consumption
to
waste
disposal,
is
the
process
of
‘from
cradle
to
grave’.
The
circular

economy,
on
the
other
hand,
is
a
nearly
closed-loop
system , provided that residual waste not recycled is disposed of in a green manner.
The
theme
of
a
circular
economy
is
the
exchange
of
materials
where
one
facility’s
waste,
including
energy,
water
and
materials
as
well
as
information
is
another
facility’s input . CE promotes reducing and reusing of waste ‘from cradle to cradle’.
In terms of reconciling economic development and environmental improvement, CP is
a green production mode.
The
basic
principle
of
implementing
CE
is
reducing,
reusing
and
recycling.
Reducing
refers
to
reducing
the
materials
entering
production
and
consumption.
Reusing means prolonging the durability of products and services,while recycling can
reduce disposal needs.

Based
on
ecological
rules,
the
CP
mode
reasonably
utilizes
natural
and
environmental resources in an industry chain among various enterprises and industries
similar
to
a
natural
ecology
chain.
It
promotes
the
optimum
use
of
resources,