Research On The Problem Of Conflict And Coordination Between The WTO Rules And The Principle Of National Economic Sovereignty

On July15,2011, a WTO panel report was issued concerning a dispute brought about by the United States, the EU and Mexico against China with regard to the Chinese export restrictions of raw materials, which held that China’s relevant measures were inconsistent with the WTO rules and with China’s entrance commitments. This ruling of the Panel has aroused a heated discussion in China. Seeing the essence through the phenomena, the essence of the dispute involves struggles between the WTO rules and the principle of national economic sovereignty. We have to pay much attention to the problem that how the parties of WTO exercise their economic sovereignty on their own interests as well as complying with the WTO rule. This paper chooses the WTO rules and the national economic sovereignty as the main subjects, and analyses the conflict and the coordination between them, then discusses the China’s theory and practices about maintaining economic sovereignty after entry into the WTO, finally puts forward the assumption about making full use of WTO rules to maintain economic sovereignty.This paper consists of three parts, including seven chapters. Chapter1is an introduction, which leads to the subject of this paper, and introduces the research of the domestic and foreign scholars, then states the research methods and innovations of this paper.The main part includes5chapters, from two to six chapters. Chapter2discusses the basic theory of national economic sovereignty, states the origin and basic content of the principle of national economic sovereignty, as well as its development trend in the context of globalization.Chapter3analyses the WTO rules from the angle of the state economic sovereignty. Contracting economic sovereignty with economic security to analysis the WTO rules is an extremely effective way to study the WTO rules and national economic sovereignty; In addition, based on the direct relationship between the environmental security, industrial safety and the natural resources sovereignty, especially the power of supervision on economic affairs, this chapter mainly analyses the two problems about the environmental security, industrial safety and the rule of free trade.Chapter4discusses the conflict between the WTO rules and national economic sovereignty. Through the analysis of the case of "China’s measures related to the exportation of various raw materials", this Chapter illustrates the competition of resources interest behind the trade dispute, in order to reflect the conflict of the WTO rules and national economic sovereignty especially natural resources sovereignty.Chapter5is the integration from conflict to coordination of the system. Although the WTO rules factually limits national economic sovereignty, the system of WTO inherently includes the coordination mechanism to the conflict with national economic sovereignty. The coordination and homogeneous of the WTO rules and national economic sovereignty can be reflected adequately, such as the aim of the WTO agreement, the setting of the exceptions, the interpretation mechanism in implementation of the WTO rule.Chapter6is the foothold of this paper. Combing China’s theory and practice of maintaining economic sovereignty under the framework of WTO, and briefly analyses China’s performance in the trade negotiations and in the trade dispute settlement, finally puts forward the advice that how China to maintain economic sovereignty safety under the framework of WTO.Chapter7is the conclusion of this paper. Facing the trend of economic globalization, no country can achieve development departing from the important platform of WTO. We need to know the impact of the WTO system to the national economic sovereignty and the economic safety. What’s more, we should understand the coordination between the WTO system and the principle of national economic sovereignty, in order to make full use of WTO rules to maintain economic sovereignty security.