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The Study On The Anti-subsidy In The Multilateral Trade Systems

Posted on:2004-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:K XiangFull Text:PDF
GTID:2156360122485195Subject:Law
Abstract/Summary:PDF Full Text Request
General Agreement on Tariffs and Trade signed in 1947 did not almost make any mandatory system on subsidy. The Article 16 of the Agreement had only stipulated the notice obligation. The 3rd paragraph of article 6 requires the anti-subsidy tax that every contracting party imposes did not exceed the estimated subsidy number of subsidy . Being to the intrinsic defect the Agreement has , the main ways to punish is in accordance with the domestic law. In order to strengthen the anti-subsidy mechanism of the Agreement conscientiously, and to guarantee that the subsidies of one country and countervailing measures are unlikely to hinder the international trade and interests of other countries unreasonably, contracting parties has reached the Agreement on subsidy and countervailing measures in Uruguay Round according to Tokyo Round Code. The Agreement was an anti-subsidy law which has the most detailed content, and most complete clauses in history. Because the multilateral Agreement of Uruguay Round is the package way of accepting, it has finished the history of only the contracting parties being restrained in Tokyo Round and can bind to all member states of WTO. This text studied the anti-subsidy question under multilateral trades system. Because agricultural product subsidy and service subsidy restrain by the Agricultural Agreement and by the total Protocol of Service respectively, this text only discusses the Subsidy and countervailing Measures Agreement. This text divides into three parts, except of the introduction and conclusion ,having about 30,000 words altogether. Chapter one analyses definition of the subsidy and the system of relieving. Section one reviewed course and characteristic that the Agreement have firstly; section two asserted what is"subsidy" after analyzing deeply in practice through the typical analysis of cases of WTO. The author asserts that what is subsidy in practice is still a quite complicated problem. It not only involves the understanding to the agreement's clause itself of the anti-subsidy and the explanation of the purpose of the treaty correctly but also involves the relevant member's domestic law to the international interpretation of treaties. Section three relieves the characteristic of the system, similarities and differences with two kinds of relief methods in analysing the Agreement.The author concludes that the domestic anti-subsidy measure can only be suitable for the situation of the export subsidies. Chapter two analysed the American-European anti-subsidy legal system, thinking the Agreement in a shade of American domestic laws. Just as American Department of Commerce and international trade committee are speaking for the annual reports to the Congress , "Because U.S. anti- subsidy law can only be controlled the importing goods into U.S.A., and Unable to control the subsidy country's market or a third country market , but there are extensive economic benefits in the whole world in U.S.A., The notice mechanism and dispute settlement mechanism can help U.S.A. (to survail and control its trading partners). In a sense, the Agreement is the extension of an American domestic law.Chapter three described the legal system of anti-subsidy of our country. The author thought" the regulation of anti- subsidy" has insufficient places , and put forward the author's improvement suggestion at the same time . China must understand and observe the rules of WTO as a member of World Trade Organization . In order to safeguard our own practical interests, we should study conscientiously the relevant systems of the WTO , and adjust the domestic policies and measures.
Keywords/Search Tags:Anti-subsidy, WTO countervailing measures
PDF Full Text Request
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