Trade Barriers Investigation System Is A Comparative Study

As anti-dumping,countervailing and safeguards system, trade barrier investigation mechanism is an instrument of trade remedy which plays an important role in protecting WTO members' rights under the WTO auspices. It can improves international trade and investment environment, benefits industries and accelerates the settlement of international trade disputes.As the economy has been globalised, the conflicts of our foreign trade with others increase and the situations become harsh when trade protectionism become internationally intensified. Moreover, the legislation and practice of our trade barrier investigation mechanism are't perfect. It's significant for our sustainable and healthy trade and even economy. So we should study relevant foreign trade investigative regulations such as that of America and EU.This thesis first elaborates the definition, the main contents, the characters and the creation and development of trade barrier investigation mechanism in order to have a complete understanding of it. Then this thesis carries on comparative research of some important substantial and procedural problems of America,EU and China's trade barrier investigation mechanism with more analytical and substantial evidence analyzing methods. This reveals the influence on international trade and the WTO multilateral international trade system and summarizes the more mature legislative and practice experience which our country may draw lessons from.This thesis is composed of more than 30,000 words and divided into three sections as follows besides the preface and the conclusion:Section one A general introduction of trade barrier investigation mechanism. Trade barrier investigation mechanism means that the trade supervisor organization of a country investigates the measure or way on which the foreign country (region) government adopts or maintains according to application or authority. And then the country will adopt the corresponding remedial measure according to the investigatory results. The mechanism is the total of all these administrative law norms. In this section, the author elaborates some basal contents,the characters and the creation and development of trade barrier investigation mechanism. The basal contents of the mechanism include substantial and procedural contents. Trade barrier investigation mechanism first built up in America. Then EU established their own trade barrier investigation mechanism in the wake of Section 301. But TBR is more multilateral than Section 301. The implementing of The Foreign Trade Barrier Investigation Rules of China on March 1,2005 indicates that our country initially established this mechanism. In addition, compared with other remedial tools, trade barrier investigation mechanism has characters as follows: offensiveness,single-side,material gain,administration.Section two The comparative research of substantial rules of trade barrier investigation mechanism. The substantial rules involve the scopes,the legislative authority that trade barrier can be affirmed,standard of injure and the national or regional benefits. The autor induces some main scopes:the goods trade,the service trade,intelligent property right and investment realm.The scopes also mean import trade and export trade. It's the important content of the mechanism whether the policy and behavior of foreign country (region) government constitute trade barrier. Some countries adpot international law as the legislative authority and others adpot civil law. Author important concept is "injure". Injure means disadvantageous influence or damage on the inquiried country's economy which trade barrier makes. The benefits of nation or region have an important position. It pierces through the whole movement process. Relevant administration organizations must consider the benefits when they decide a series problems such as putting on record or not,stopping halfway or terminate inquisition or not,starting international dispute resolving procedure or not and adopting revengeful measure or not. And how to handle national or regional benefits and applicant's benefits is very important. In this section, the author studies on the related rules of America,EU and China and analyses the concrete legislative conditions of these countries.Section three The comparative research of procedural rules of trade barrier investigation mechanism. It's the procedure that the trade supervisor organization of a country must follow when investigating relevant foreign trade items. The procedural rules involve applying and investigating procedure,investigating and affirming procedure and the revengeful stage. The applying and investigating procedure involves applicants and the procedure of examining and putting on record. The applicants mainly include natural person,enterprise,industry and member states. The investigatory apparatus decides to examine and put on record or not after the proper application . Then it gives notice and announcement. In this procedure, there are some important problems such as the evidences,the examining term of documents and the withdrawal of application. The ultimate purpose of trade barrier investigation is to eliminate trade barrier of the third country. For attaining the purpose, all countries which built up the mechanism prescribe the concrete revengeful measures. If the legislation,policy or action of the foreign government are affirmed as trade barrier, the investigatory government will adpot corresponding revengeful measures. The methods which resolve trade barrier include multilateral and single-side methods. All these countries have different provisions. In this section, the author also studies on the related rules of America,EU and China and analyses the concrete legislative conditions of these countries.