Non-tariff Barriers To Trade Under The Wto Framework Of Legal Research

With the deepening development of global free trade, economic competition among nations is more and more sharp. Under such condition, protectionism springs up again, especially in those developed countries. In order to maintain their interest, in terms of "reasonable", "legal", in the frame of post-war GATT, taking the exceptional immunities as foothold, new protectionism came into being with the character of non-tariff barrier. It appeared in 30's in 20 century, and began to be popular in late 60's. From 80's, especially October 1987 when, economic depression turned up again among major industrialized nations, it was used much more frequently. When WTO was established, traditional non-tariff barrel is becoming to be restricted and regulated by WTO. And as a policy tool to influence trade, tariff is now losing it's effect. 2010-2020, trade among members of WTO is supposed to be zero tariff, which means tariff will be totally abandoned in most countries. Besides, measures on the edge of and away from the law and regulations of WTO are also diminishing. WTO asks its members to reduce and at last get rid of non-tariff barriers in trade, to have tariff to replace the non-tariff restriction import to agriculture products, and also put non-tariff measures under more effective international control. Therefore because of the diversity of it, it is impossible to make detailed countermeasures to every specific one of it. So nations are inclined to adapt more concealed, more flexible and legal measures, what can be called new non-tariff barriers, by avoiding direct conflict with the WTO to carry out their new protectionism. Among them technology barrier, green trade barrier, anti-dump and anti-subsidy and intellectual property barrier are good examples.This passage is studying and analyzing the new non-tariff barriers that exist widely among nations, on the basis of focusing on the style, classification and feature of them, by taking the law frame and regulations of WTO as the basic value criterion, trying to make sure of the standardized non-tariff barrier under WTO's control and its current and future situation, developing trend and future influence that will bring to our trade. At the same time, make comparison of the practice between developed and developing countries, and with our nation's situation both in law and international trade, to point out from the angle of law and also policy that:On one hand, we should make efforts on completing our corresponding legislation and policy. By learning from industrial nations and international standard, try to set up our own reasonable non-tariff barrier system as soon as possible in order to protect our national industry. On the other hand, we should try to know more about WTO's regulations when studying major trade partners' non-tariff barrier. By applying the rights and duties that international agreement and national laws afford, try our best to break down the barriers of the developed nations so that to expand our export and share in international market.