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Case Study on European Toy Recalls and Analysis of European Green Barrier

Author: HeLiu
Tutor: WuShuangQuan
School: Lanzhou University
Course: Legal
Keywords: Green instruction EU law Toy recall
CLC: D996
Type: Master's thesis
Year: 2010
Downloads: 273
Quote: 0
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Abstract

2007 recall of Chinese toys EU has aroused global concern, that the Chinese toy companies suffered huge losses, but also almost make Chinese goods worldwide reputation destroyed. What this series recalls the EU to protect its public health policy, or to prevent the continuous development of China's toy trade and set up green barriers, developing countries, developed countries, scholars and academics uncompromising. As for how to solve this green barrier problem, that is through litigation to safeguard the legitimate rights and interests of Chinese enterprises still concentrate identify barriers due to problems caused by the loss of green roots and used to be addressed by means other than litigation, domestic scholars have debated. The impact of the green trade barriers have good and bad. Green suffered losses due to the root causes of barriers there are also internal and external factors. In this paper, the EU recalled Chinese toys series of events on the EU's green directives and rapid alert mechanisms set legal analysis to verify its legitimacy, transparency and the proportion of its appropriateness questioned. Then by the one and wounding domestic toy stroller toy recalls EU comparative analysis, and thus lead to problems due to the green barriers exposed the status of domestic law imperfect thinking. This third author disputes mentioned above expounded his views. In my opinion in order to ascertain whether the toy recalls green barriers, should be found to measure dimensions. EC worked to achieve free movement of goods within the Community and the Common Market of the purpose, and spare no effort to remove the green barriers between Member States. In this process, the EU Court of green barriers, neutral rules and to protect the environment, public interest, human health and other legitimate protection measures implemented by the screening made a great contribution. The author from the European Court's jurisprudence to extract the four criteria to measure green barriers, thus proving that the EU directive and toy recalls green green barriers is irrefutable fact. And I believe that the focus is not to solve the problem proceedings green barriers, but rather based on the fundamental conditions and found that lead to loss of their own shortcomings, and thus solve the problem from the root. In the last part of the paper, the author analyzes the advantages and disadvantages of green barriers to green barriers first to propose solutions to the benefits of its use of them, and then they bring the bad and focus on impact, which can make our meet environmental, human health and trade win. Finally, the author proposes green barriers based on national conditions to solve the problem of new ideas, followed by consultations with a soft law harmonization, improving national legislation in order to supplement the non-legal way.

Case Study on European Toy Recalls and Analysis of European Green Barrier

Abstract

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