Comparative Analysis Of Trade Barrier Investigation Mechanism Between China And European Union

Like anti-dumping, countervailing and safeguards system, trade barrier investigation mechanism is an effective instrument of trade remedy which retorts trade barriers of other countries. In the WTO era, to exert trade barrier investigation mechanism rationally would not weaken multilateral trading system, it is helpful for invoking WTO's function of settlement of international trade disputes. The Regulation of Foreign Trade Barrier Investigation of China, which came into effect since March 2005, is a symbol of the establishment of foreign trade barrier investigation mechanism in China. There are some unsatisfactory aspects in legislation and the reformation of interrelated system because the trade barrier investigation mechanism is at the initial stage in China.Utilizing the research methods of the background analyses, comparative analyses and case analyses, basing on the comparison of substantive and procedural issues between China and EU's trade barrier investigation mechanism from the legal perspective, this thesis puts forward suggestions on the improvement of China's trade barrier investigation mechanism. Apart from the introduction and the conclusion, the thesis includes four parts.The first part focuses on the general theory of trade barrier investigation mechanism. This part describes the concept and characteristics of trade barrier investigation mechanism firstly, then introduces the most representative trade barrier investigation mechanism, including section 301 of United States, TBR of EU, and The Regulation of Foreign Trade Barrier Investigation of China. At last of this part, the author stresses on discussing the functions of trade barrier investigation mechanism. It can not only protect one country's oversea market and erase the potential trade barrier, also can help one country to exert WTO's function of settlement of international trade disputes.The second part deals with the comparison of substantive issues between China and EU's trade barrier investigation mechanism. On the basis of comparison of applicable scope, the cognizance gist, and the qualification of the applicant, the author concludes that the legislation of China and EU have different characters on the substance issues, but EU makes more efforts on every particular of the concept, and the cognizance gist fits international convention more.The third part handles the comparison of procedure issues between China and EU's trade barrier investigation mechanism. This is the main chapter of this thesis because the legislation of the barrier investigation belongs to procedural legislation. The author compares the four phases of this issues, including proposing an appeal, examination and putting on record, investigation, settling the dispute. By this comparison, it reads that China's procedure regulation has its own feature, but it is also necessary to make some improvement on participating rights of applicant and the international validity.The fourth part explores suggestions on improvement of China' s trade barrier investigation mechanism. Briefly introducing the first case of trade barrier investigation in China, it gets to practical problems of China's trade barrier investigation by analysis. The author puts forward some suggestions of how to improve China's legislation system of trade barrier investigation by learning from the beneficial experiences of EU's TBR, which includes: making the Regulation more operational, improving the protection of the private interests, establishing the supervising system, establishing trade barrier forecast emergency system, and improving the national report system of external trade.