Research On Legal Issues Of Trade Protectionism In The Government Procurement

It is the fact that the financial crisis has been spread to every corner of the worldwith a rapid speed since it happened in2008. In order to tackle the bad impact of worldeconomy caused by the financial crisis, the governments have taken a series of measures,including the governmental purchase measure. By means of purchasing home productsand services, the governments can make the most of the governmental fiscalexpenditure to achieve the goal of boosting domestic demands.This government procurement policy of purchasing home products adopted by thegovernments is full of trade protectionism. However, when this policy is in the processof being implemented, it departs from the original intention of stimulating the domesticmarket demands and protecting the domestic enterprises’ benefits, it has been alienatedinto the new trade barrier in the international government procurement market.Therefore, the rational utilization of the government procurement measure can have agood effect on boosting domestic demands and promoting domestic economy. However,during the implementary process, the measure has become the trade barrier to blockforeign competitive products into native government procurement market.There are both advantages and disadvantages on the government procurementmeasure, so it is essential to set related legal regulations for it.Apart from the introduction and conclusion, the thesis is presented in five parts.In the first part, the thesis firstly makes a brief introduction on the concept ofgovernment procurement and the current situation of trade protectionism in thegovernments’ procurement,then it explores and analyzes the causes of the new tradeprotectionism from three aspects of economy, politics and law, and finally it evaluatesthe specific measures of government procurement on the related trade protectionismadopted by the governments. In the second part, due to the international communities’ large concern about thecounterflow of the international trade protectionism caused by the Americangovernment’s new clause of purchasing domestic products distinctively in the economicstimulus package, and the deep thinking of purchasing domestic products system in thegovernment procurement triggered by all circles, therefore, this disseratation takes thepurchase of American products in America as an example to investigate the essence oftrade protectionism, and focuses on analyzing the possible problems existing in theprocess of implementing this clause.In the third part, this thesis introduces the current legislation in the domain ofChinese government procurement, and compares the principles of purchasing homeproducts based on Chinese government procurement law and the clause of purchasingAmerican goods, as well as analyzes the differences from three aspects, which clarifiesthe problems existing in the Chinese government procurement system.In the fourth part, on the basis of introducing generation and development of"Agreement on Government Procurement" under the framework of WTO, the thesisprobes into the regulation of government procurement system of WTO to its membergovernments on trade protectionism behavior, and points out its shortages.In the last part, from the domestic law and international law, the dissertationillustrates the improvement of the legal regulation on the trade protectionism behaviorin the government procurement. With the analysis of the implementation of the tradeprotectionism in the domain of government procurement taken by the governmentsencounters during the financial crisis, and in face of the opposition and conflict betweenliberalization of international trade and protection of domestic enterprise benefits, thispaper creatively puts forward that we should selectively add international treaties andmake use of operating space left by escape clauses in international treaties or free ruleswhich are given way to contracting party’s domestic law in some respects. Via all theseways, it is important to seek the coordination and balance between trade liberalizationand contracting party’s national sovereignty by taking both the two parts intoconsideration.IV...