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近年来,人们逐渐发现自由贸易和环境目标之间有潜在冲突,倾向于认同贸易限制是应对污染转移的合适工具之一,因为制止这些活动的最有效和合适的方法就是消除经济刺激。另外,在污染转移发生后,受害者(国家、公民)可根据国际习惯法或条约法享有一定权利,污染来源国需承担一定责任。由于全球化使得地球环境的好坏与各国采取的环境标准有很大关系,对各缔约方的环境标准差异进行调整显得十分重要。因此,国际社会正着手拟定各国必须遵守的最低环境标准,而且这些最低标准的理论框架已逐渐浮现。
In recent years, people have come to realize that there is a potential conflict between free trade and environmental goals. They tend to agree that trade restrictions are one of the appropriate tools to deal with pollution transfer because the most effective and appropriate way to stop these activities is to eliminate economic stimulus. In addition, victims of pollution (state, citizenship) may enjoy certain rights under customary international law or the law of treaties after the pollution transfer occurs, and the source countries should bear certain responsibilities. Since globalization makes the Earth’s environment is good or bad and environmental standards adopted by countries have a great relationship, the parties to adjust the environmental standards differences is very important. Therefore, the international community is working on the minimum environmental standards that all countries must comply with, and the theoretical framework of these minimum standards is gradually emerging.