The Research On Guangxi Foreign Trade's Law And Policy Within The Framework Of CAFTA

With the unceasing development of global economy, the region economic integration, being a new strength, is standing out conspicuously in the international scene, becoming mature and keeping pace with the world economics integration. Since the region economic integration is playing a more and more important role in global economy, various countries are actively participating in this project. The establishment of CAFTA is the first time attempt to participate in this project. Guangxi ,as a Chinese province, having the geographic superiority of connecting with Southeast Asian countries, is bound to be inevitably influenced by CAFTA. Therefore, the author believes that a good study of the influence of CAFTA law rule to Guangxi foreign trade, and the measures that Guangxi may adopt, will provide legal guarantee for Guangxi foreign trade. The study will be beneficial to promote Guangxi economic development, to give full play to CAFTA, to strengthen the political and economical relation between China and Southeast Asian Nations.This thesis begins with the analysis of the legal frame of CAFTA , then introduces Guangxi's utilization of the legal rules against this background. The thesis is divided into four parts. The first part will introduce the legal frame of CAFTA . The second part will expound and analyze the influence of CAFTA legal framework to Guangxi foreign trade. The third part is to analyze Guangxi's utilization of the legal rules of CAFTA. The last part puts forward several proposals for Guangxi government to seize the opportunity and meet brought by CAFTA . In the first chapter, the author first explains CAFTA's concept, characteristics, function and effects from economical, the political angle. On this basis, the author further elaborates the stipulations of WTO to the free trading area, and pointes out that free trading area is a concept and advancement restricted by the legal mechanism, that its operation should depend on the principles, rules of international law and international organization law and international law standard approved by the member nations for legal basis. Then, the author analyzes the influence of free trading area's development to the WTO multilateral trade system. She believes that free trading area may cause negative effects such as expansion of trade protectionism, various countries'shift of interest and attention to multilateral trade system, destruction of free trade's theoretical foundations in a certain degree, but generally speaking, it still plays an active part in WTO multilateral trade system. For example, it impels the agenda of global trade liberalization, plays the role of " experiment", and creates conditions for further expansion of the multilateral trade system. Therefore, the existence of free trading area is valid and rational. In the second chapter, the author analyzes the content and characteristics of a series of basic documents of CAFTA. It draws the conclusion that these legal documents constitute the basic legal frame of CAFTA, and provides basic legal basis for the free trading area's operation.Thanks to Guangxi's special geographical position, CAFTA will bring opportunity and challenge to this province. Therefore, in the third chapter the author focuses on discussing the potential influence of CAFTA's legal frame to Guangxi foreign trade. First, CAFTA's objective will further improve Guangxi's laws and regulations of cargo, service, investment, and will impel economic development in these domains, but at the same time also it will cause these three domains face with fierce competition. Second, the sovereignty transfer between both sides of China and Southeast Asian Nations takes the forms of economical sovereignty transfer and judicial sovereignty transfer. The customs duty sovereignty transfer is the major expression of economical sovereignty. Although it has provided opportunity for Guangxi to adjust its structure, its protective tariff given to new members of Southeast Asian Nations has impacted Guangxi's agricultural product. The judicial sovereignty transfer takes the form of the operation of conflict-solving mechanism performance. This transfer will be beneficial to reduction of trade friction between Guangxi and Southeast Asian Nations and to establishment of partnership in competition. Third, the most-favored nation treatment principle of CAFTA will offer WTO treatment to the non-WTO member nations in CAFTA. As a result, although Guangxi has the superior conditions brought by China's entry into WTO, it is still difficult for it to play to superior role, and the Guangxi'products will face huge pressure. In brief, the author has analyzed the influence which Guangxi will receive from three aspects: the objective, the sovereignty transfer and the most-favored nation treatment. The analysis has paved the way for the following chapters'comprehensive elaboration on how Guangxi will utilize the free trading area's legal rule to serve oneself.In the fourth chapter, the author adopts the method of legal analysis, elaborates Guangxi's utilization of these rules, from the angle of the present and the future legal system of CAFTA: in the aspect of cargo trade, we should be good at using customs measures such as customs reduction and sensitive product list, we should also moderately use non-customs measures such as .the rule of origin, the safeguard measure, the anti-dumping measure; in the aspect of conflict-solving mechanism, we have to perfect local judicial mechanism, positively use the urgent procedure, attach importance to the government's function. Then, the author also makes a preliminary tentative plan for the possible ways of Guangxi's utilization of correlative rules in the domains of service and investment. The author believes that if Guangxi want to win the market, it must not only be good at using the existing legal mechanism, but also will make an early plan for the utilization of the future rule.We cannot give full play to Guangxi foreign trade's superiority by merely utilizing CAFTA's legal rule, we should also obtain the support of the related rules of the government. Therefore, in the fifth part, the author puts forward some proposals for some policy help that Guangxi government should adopt, such as autonomous region's utilization of its legal position, making use of the principle of Western regions'development, and so on.