Research On The Legitimacy Of The EU Technical Measures To Trade

As the tariff barriers and the traditional non-tariff barriers tend to become less efficient, technical barrier to trade is becoming an important means of preventing the competition from foreign companies and protecting domestic industry. European Community was the first one to realize the seriousness of the technical barriers to trade and to take measures to eliminate them. As European Community eliminated the technical barriers to trade among member states, all kinds of these measures restricted the market access.Recent years, China has been the biggest importer to the EU, thus, the strict technical regulations, technical standards, and conformity assessment procedure of EU with its technological superiority badly affect our export trade. The paper is divided into four chapters and focuses on the EU technical measures to trade, its legitimate basis and legitimate of judgment, the enlightenments of the legimate analysis.Chapter one is about the general situation of EU technical measures to trade. First, I discuss the causes of the EU technical measures to trade. Secondly, the main manifestation includes technical regulations, standards, and conformity assessment procedure. I will analyze their characteristics and trends. Last, I introduce the excellent rapid alert system of EU.Chapter two and Chapter three is the most important part of this paper. Chapter two begins with the concept of legitimacy. Then I study the legitimate basis of EU technical measures to trade, which embodied with the authority and support of international treaties and the fundamental law of EU, as well as its value. In Chapter three, I discuss the criterion of judgment of EU technical measures to trade by means of analyzing whether or not it has legal objectives and is accord with the basic principles of technical measures to trade.Chapter four aims at what enlightenments we can gain from the legitimacy analysis of the EU technical measures to trade. We must look at both sides of EU technical measures to trade. For its legal side, we shall learn the experience from EU and establish our system. For its illegal side, we shall actively attend the consultations and negotiation, take full advantage of the WTO dispute settlement mechanism.