A Study On Trade Remedies Measures Enforcement Under WTO Regime And China's Policy Choices

This dissertation attempts to observe comprehensively the enforcement mechanism of trade remedies under WTO regime in the context of increasing trade frictions, and aims to analyze and solve the dilemma that China's policy choices in the face of trade remedies investigations. The research framework of the paper as follows:First, Firstly, this paper studies the evolution and implementing status quo of the trade remedies system in order to summarize the development route on the relative policies to take in reality. Secondly, this dissertation analyzes the misusage activities of trade remedy measures theoretically and empirically, as well as expounds the factors and mechanisms affecting the practices of trade remedies. Further more, the trend and traits of new trade protection forms and the dilemma China is encountering in this field are investigated in detail, which explains the reasons of frequent charges towards China from foreign countries. Last but not least, this dissertation also puts forward the strategies and tactics China should take to deal with all the trade remedy problems.From the combined angle of economics and law aspects, this dissertation has analyzed deeply but gradually the historical background, phenomenon, characteristics and the nature of trade remedies by using comprehensively the case studies and comparative methods in considering from general to specific way which makes general conclusions again in the end. Based on the integration of normative and positive methods in both qualitative and quantitative way, the research on practical choices and misusage situation of trade remedies among WTO member countries including the impacts on China's trade policies has been analyzed by using descriptive statistics, exponential analysis and statistical tests.This paper has investigated empirically the systematic reasons of abusing trade remedies by analyzing the practices deeply. And the conclusion is that although the trade remedy system and its optional mechanism which aim to maintain the fair competition and industrial security have manifested the core value of multilateral trade system, the practical results often show great contradictions with its target and even hampered the realization of free trade mainly because of the regulation process and trade policy making mechanism.As a matter of fact, it is the trade protection policy decided by the interests groups'balancing mechanism that results in the practical choices of trade remedies. The main factors causing the misusage of trade remedy regulations are the justice problems of regulation process, the regulations' inappropriate application in domestic law, the policy orientation of the decision making mechanism of trade policies.Both statistical tests and measurement of trade investigation effects based on ADI have demonstrated that there are some mutual relations between the usage of trade remedies and macro economic performance in charging member countries. While the existence of trade remedy investigation effects even encourages the charging countries to take more trade remedies than they really need and to depend too much on the trade protection tactics which only confirm to the literal regulation and are difficult to forecast.This dissertation pays more heed on the tactics suitable for China in dealing with the trade remedies from foreign countries and puts forward countermeasures for enterprises, industrial associations and government as well as some developing options for relative sections, which mainly intends to solve the problems like disorders in exporting firms, narrow exporting product structures, over-concentrated exporting market, low competitive products and managerial mechanism lack of uniform collaborations.