Study Of Rules Of Origin And Its Use Of The Legal Issues

With the development of international trade and the integration of global economy, rules of origin are playing a more essential and important role on the international trade, whose scope of application are broader. They are used in non-preferential commercial policy instruments, such as most-favoured-nation treatment; anti-dumping and countervailing measures; safeguard measures; any discriminatory quantitative restrictions or tariff quotas. They are also used for government procurement and trade statistics. Thus, without the harmonized discipline to govern the application of rules of origin, the principles set in the international multilateral agreements will be impaired, so does the rights and obligations of the members and the aim to facilitate liberalization of world trade. In addition, rules of origin in preferential trade agreement, mainly in the Free Territory and GSP are also vitally important, for what kind of effects preferential trade agreement give to international trade depends on the reasonableness and harmonization of rules of origin. One important development trend of rules of origin is their application fields, which include not only international trade in goods also trade in services and investment. All subjects mentioned above are discussed in this paper.This paper divided into five parts. First part makes a general and basic description of rules of origin. This part includes four aspects, namely the concept and meaning of rules of origin, the origin criterion, the varieties of rules of origin and the positive and adverse effects of rules of origin. For these aspects, the analysis of substance and significance of the problem on rules of origin and the economic analysis of rules of origin are the most significant opinions.The second part of my paper analyses international harmonized rules of origin. The analysis of application of rules of origin in WTO legal system is a most important originative idea.The third part discusses the application of rules of origin in the integration of territory economics.The fourth part addresses the application of rules of origin in the trade in services.The fifth part introduces the legal framework of rules of origin in China and put forward the suggestions and opinions on the development of rules of origin in China. These suggestions and opinions are valuable and have realistic meaning.