Research On China V. EU Price Comparison Methods And Measures (DS516)

In face of international trade competition momentum growing stronger nowadays,how to resist trade protectionism and it is of great importance to be comprehensive,in-depth and practical protection of China’s due international trade status.Although the final conclusion of the case of European Union Measures Related To Price Comparison Methodologies(DS516)has not yet been reached under the DSB dispute settlement mechanism,the final ruling is bound to be of great benefit to China’s acquisition of market economy status in WTO,and through this case reflecting the theoretical and practical issues profoundly.The author shall take the method of the non-market economy country and “surrogate country” as a theoretical point to analyze the case controversially in theory and practice,and from the macro and micro aspects put forward detailed countermeasures for protecting our country foreign trade development,finally to put forward improvement suggestions to accelerate the process of terms relating to perfect our market prices.This dissertation consists of introduction and conclusion,and divided into five chapters.The first chapter chiefly expounds the case of EUROPEAN UNION – MEASURES RELATED TO PRICE COMPARISON METHODOLOGIES(DS516).Firstly,the reason and progress of the case are summarized.Secondly,the main issues of the dispute are summarized,then those of three controversial focuses of the case are summarized.The second section majorly discusses whether the special rule of "surrogate country" of anti-dumping applies to China or not,which is the first focus of this case.From two perspectives of EU behavior and measures of "surrogate country" respectively and the three elements of the EU revision of the law and explanation of "surrogate country" to analyze the first controversial focus,it is concluded that the behavior of EU lack of legal basis.The third chapter mainly analyzes the second controversial point of this case that China should automatically obtain market economy position.The author starts from the recognition of the EU implementation of "surrogate country" and China’s automatic acquisition of market economy status,respectively based on the principles of legitimacy of "surrogate country" and market economy status in the international law to define the second dispute focus,and ultimately come to the conclusion that China should automatically get market economy status.The fourth chapter mainly discusses the third controversial point that the EU and the US should give China fair treatment.The author tries to draw the conclusion that the EU and theUS’ refusal to grant fair treatment to China is contrary to the rules of international law from the perspective of the EU and the US’ behavior of amending laws and the EU "surrogate country" practice is not consistent with the trade rules.This mainly studies the enlightenment of the case.By predicting the final result of DS516 dispute settlement and the excuse to refute the EU claim that its "surrogate country" intervention measures are not market economy status,from the two macroscopic and microscopic levels,offers proposals of dealing with international trade disputes in our country,and puts forward the proposals to reform the system of trade legislation in view of the existing legislative system,transformation of foreign law,law to perfect the existing problems.