Research On The Application Of Generalized System Of Preferences Under WTO Framework

In the World Trade Organization,non-discriminatory trade patterns,progressive tariff reductions and the elimination of non-tariff barriers to trade flows are considered the best ways to develop the multilateral trading system.But there are two important exceptions to the WTO’s most-favoured-nation principle: the hundreds and growing number of regional trade agreements,and the preferential treatment granted by developed countries to developing countries in various GATT and WTO agreements and documents.GSP is one of the important forms of these legal preferential treatment.After more than 40 years of development,GSP has become an important legal basis for the special and differential treatment enjoyed by developing countries in international trade.However,there are many problems in the application of the GSP policy implemented by WTO members.This paper will explore the internal causes of the application of GSP system under the framework of WTO,and hope to grasp the future development trend of GSP system through the research of this paper,and put forward suggestions for relevant reform of WTO and countermeasures of China.This paper is divided into six parts:The first part is the overview of the GSP system,which mainly defines the meaning of GSP system,expounds its origin and historical development,and analyzes the relationship between GSP system and special and differential treatment under the framework of WTO.It lays a theoretical foundation for the research on the application of GSP under WTO.The second part mainly reviews the specific practice of the application of the GSP system under the framework of WTO,including the principle embodiment and authorization content of relevant WTO agreements on the GSP system,as well as the GSP policy of some WTO members,clarifying the understanding of the value pursuit of GSP reflected by the policies of major developed countries in the world,as well as the specific program design.The third part is the research on the differential treatment in the application of GSP.This "differential treatment" is different from the meaning of "differential treatment" in WTO’s "special and differential treatment".It refers to the discrimination against developing country members by setting some standards when WTO members from developed countries provide preferential treatment to developing country members.This part mainly analyzes relevant issues through the case of tariff preference between India and the European Community decided by the WTO dispute settlement body,and believes that the "differential treatment" provided by the European Community to India and Pakistan in terms of tariff preference will not be recognized by the WTO.The fourth part is the "graduation" problem in the application of GSP.This part discusses the specific meaning of "graduation" in the GSP system and the specific "graduation" mechanism in the GSP policy of major developed countries,and analyzes the theoretical defects of this mechanism and the disputes caused by it.Unless developing and developed members of the WTO can re-agree on the issue of "graduation" in the application of the preferential systemin the future,the dispute will not be put to rest for a while.The fifth part is the identification of developing countries where GSP is applicable.As the core of GSP system is to provide trade facilitation for developing countries through tariff preference instead of trade aid to promote their economic development.In the application of GSP system,the difference of the recognition of developing countries among WTO,the preference-giving country and the beneficiary country will affect the theoretical basis of GSP system.This part explains the classification standards of some international organizations on membership and the practice of WTO member recognition of developing countries,and analyzes the latest differences of WTO members on developing countries member recognition standards.The sixth part is divided into the future development direction and suggestions of GSP rules under WTO framework.In the new international trade environment,the application of the GSP has also changed.Through the analysis of the new situation of the application of GSP,this part draws a conclusion that behind the application of GSP is the game between WTO members from developed countries and developing countries.This part also puts forward suggestions for WTO reform and China’s countermeasures.