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The Rules On State Trading Enterprises In The Framework Of GATT/WTO Systems

Posted on:2010-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:S DuFull Text:PDF
GTID:2189360275489916Subject:International Law
Abstract/Summary:PDF Full Text Request
State Trading Enterprises (STEs) are widespread in a large number of WTO members. Both developing and developed members, in varied degrees, use state trading enterprises to achieve related targets of policy and vested interests. It is quite important for China to make a deep research on the WTO disciplines on STE, get acquainted with the attitude and position of individual country and analyze the developing trend of WTO rules on STE, in order to fulfill its WTO accession commitments and improve its foreign trade system.This thesis is composed of three parts.The first part is the general information of STE: Firstly, the introduction of the historical background and reasons of its emergence and development, as well as evolution of STE rules. Secondly, the study of several elements of STE-'government control', 'exclusive right' and 'instrument to pursue objectives of policy'. Then the author analyzes the definition of STE under Article 17 of the GATT in details.The second part makes a detailed analysis of STE rules in GATT/WTO framework, composed of substantive rules and procedural rules. Substantive rules on STE are including but not limited to non-discrimination treatment, non intervention, and the non-discrimination treatment is the most important principle which becomes the focus of discussion by citing relative cases. The procedural rule mainly means the principle of transparency. After analyzing the rules on STE, the thesis puts forward several proposals for reform: improving the existing rules, establishing new rules and making the best of dispute settlement procedures.The third part mainly expounds China's accession commitments and implementation thereof. According to the concrete situations of China and the particularity of China's STE, the author proposes suggestions in two ways: perfecting Chinese relevant legislation and improving the countermeasures so as to promote our advantage in GATT/WTO framework.
Keywords/Search Tags:State Trading, Privileges, Non-discrimination Treatment
PDF Full Text Request
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