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China Applies The Legal Issues Of The Wto Principle Of National Treatment

Posted on:2008-02-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y N BaoFull Text:PDF
GTID:1116360212987377Subject:International law
Abstract/Summary:PDF Full Text Request
The National Treatment principle is a basic principle guiding the operation of WTO Law, offering a systemic guarantee for the WTO's effectiveness. After China's accession into WTO since 2001, China has officially recognized and thereby observed the National Treatment principle. Thus, the application and implementation of National Treatment have come to prominence for and demand a lot of China, posing a number of requirements and challenges for China. The purpose of this paper is to explore into the issues arising from such implementation and application efforts.This paper is made up of seven chapters, approaching this topic from the international law to domestic law and from theory to practice. The first chapter is devoted to a theoretical research of National Principle, offering certain analysis for further developments. For this purpose, this chapter first touches upon the definition of National Treatment and generalizes its true legal contents. Then, this chapter offers insight into the historical perspective of National treatment, pointing out its historical background and significance. Next, this chapter offers penalizations of National Treatment of its limitedness, reference and reciprocity. Lastly, this chapter briefly analyses the contents of National Treatment in terms of its values. Thus, a solid foundation is thus laid for a comprehensive analysis of National Treatment as a legal doctrine in terms of history and features and contents.The second chapter discusses the National Treatment within the framework of WTO, exploring into its contents, developments and significance thereof and trying to offer a general introduction thereto. The first section of this chapter discusses the contents of National Treatment in WTO and its meaning inside. Then, based on a historical method, the chapter goes to the historical background of National Treatment within GATT/WTO. Then, the chapter continues with a discussion of National Treatment within WTO, talking about its multilateral and generalized and substantial sides. Finally, the chapter forecasts the general trends of National Treatment within WTO.The third chapter focuses upon the relations between National Treatment and China's accession into WTO, combining historical research with practical approach into the implementation of National Treatment in China and problems arising therefrom. Firstly, the chapter talks about the history of introduction of National Treatment into China. Then, the chapter offers an account of China's commitments in regard to National Treatment. Lastly, the chapter discusses the challenges and problems posed by National Treatment of WTO in China, laying a foundation for turning attention to the implementation of National Treatment in China.The fourth chapter puts stress upon the limits to which the implementation of National Treatment may be pushed in China. The first section looks back upon the limitations imposed upon National Treatment by WTO rules. The second section discusses the limitations of National Treatment in goods in trade in China from the view of domestic law. The third section treats the limitations of National Treatment in service in trade in China from the view of domestic law from the combined views of both international law and domestic law. The fourth section treats the limitations of National Treatment in trade-related intellectual property in China. Thus, this chapter offers a picture of the implementation of National Treatment in China in regard to the goods and service and intellectual property in trade.The fifth chapter goes to discuss the issues of implementation of National Treatment in China in regard to investment and legal issues arising therefrom, as National Treatment is most active and produces great controversies. The first section generalizes upon the issues trigged by National Treatment, including the issues of reference for National Treatment in investment and of market fairness and their negative influences. Then, the chapter goes on to explore into the super—National Treatment in investment in China, discusses issues of its origin, effects, lawfulness and bad sides, etc, putting them into analysis and offering means to phase them out. The third section discusses the issues of the disadvantaged National Treatment for private-owned enterprises by discussing issues of its background and bad sides, offering means to improve the general legal environment forsuch enterprises from law. .The sixth chapter focuses upon the legal issues arising from the implementation of National Treatment by China on the international plane and possible ways out. The first section gives a background of the implementation of National Treatment by China on the international level. Then, the chapter tells the legal means for the full use of National Treatment for China's interests, such as to improve the consciousness of law and to employ domestic and international law to break trade barriers and to participate actively in the trade negotiations under the auspices of WTO. The third section discusses two trade disputes related with National Treatment and conducted within WTO that involves China as a party, namely, the value-added tax for semi-conductor case and the tariff measure for imported auto spare parts into China case.The seventh chapter concludes this paper by telling the author's observation about the establishment of legal system related with National Treatment in China. For this purpose, this author believes the first priority is to make the ideas of National Treatment widely accepted and observed. Then, the China's legal system shall be unified into a coherent one to reflect National Treatment. Next, norms on the international law and national shall be made harmonious in order to make National Treatment viable. Lastly, legal norms of enabling nature and restrictive nature shall be combined into an entirety. All these are necessary for the good use of National Treatment.
Keywords/Search Tags:National Treatment, WTO, GATT, GATS, TRIPS, TRIMs, Implementation
PDF Full Text Request
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