Under The Multilateral Trading System Of A Customs Union Law Studies

The dissertation is focused on the research on the legal issues of customs union under the multilateral trade system, and the formation rules of law on customs union from GATT to WTO, with the analysis on background and legal issues. The dissertation employs the theories of economics and international political economics to interpret their impacts on customs union legal issues. Through researching issues related to the customs union in Europe, Latin America and Africa, to observe the results of practical application of the multilateral trade and customs union rules of law to obtain experiences and problems, it provides jurisprudent basis on legal relations between China and customs union, which are forming, existing or enlarging.The dissertation with seven chapters can be divided into four parts. Chapter I, the first part of the dissertation, is focused on the basic theories on customs union. Chapter II, the second part, is based on the formation and development of the legal provisions on customs union in the multilateral trading system. As the third part, chapter III, chapter IV and Chapter V are concerned about study trade liberalization and legal issues on customs union. On trade liberalization in customs union among members, legal issues for trade with non-union members and legal issues in dispute settlement. Finally, chapter VI elaborates the successful experiences of customs unions, the problems and proposed solutions to those problems.With the rising of regionalism, the traditional theories on customs union have been changing. After World War II, compared with other economic integration in the multilateral trade system, customs union became a type of regional integration holding its own characteristics and legal definition. Any state or political entity choose customs union as an economic integrated way, depending on specific economic motives and political theories. Due to the different standards, the existing customs unions could be classified into several typesThe legal provisions on customs union in the multilateral trading system experienced a process of forming and developing. There are three clauses relating closely to customs union, such as GATT Article XXIV, the enabling clause and the GATS Article V. During the processes of these clauses forming, the relation between economic theory and law of multilateral trade is shown scenery from conflicting to coordinating. On the purpose of the GATT XXIV and its legal consequences, it is clear that the political purpose is beyond the economic logics. Process of the enabling clause appear, the developing countries challenge GATT Article XXIV by the new development of economic theory based on the requirements to change the grip of formation customs union. Nowadays, two different theories to support customs union create different legal effect of the provisions relating to customs union.Different customs unions with legal rules and institutions share the common tendency to circumvent the multilateral rules, when the multilateral rules for customs union leave the "discretion" and the customs unions are in favor of the pursuit of inward deflection of the economic effects based on economic theory. Common external tariff, rules of origin, and competition rules are tools employed by customs union to protect its internal interests. Meanwhile, multilateral disciplines restrict the protection in case to derogate the multilateral rules. The system of compensatory renegotiations and dispute settlement could be recognized as the disciplines.Accumulated a lot of experience to the practice of the European Union, it is suc-cessful to control the positive interaction of political and economic stability to support the rules of law keeping flexibility. Africa and Latin America as the most active areas to form customs unions, by the factors of the regional situation and economic instabil-ity, the legal rules of customs union exist problems at varying degrees. Developing countries to improve customs union status quo, should learn from the EU experience, and put an end to mere imitation, actively seeking legal environment conducive to their own under multilateral framework. China should take advantage of the multila-teral rules to develop the trading relations with customs unions.