Research On The Legal Problems Of Technical Barriers To Trade

Today, as emerging economies, China has increasingly become the focus of the world. Along with the advancement of global trade liberalization, tariff levels gradually decreased, the subprime crisis in the United States and the European Union in the European debt crisis spread to the world, the real economy into recession, at the background of the rise of trade protectionism will directed again at the emerging developing countries, especially China. All kinds of non-tariff technical trade measures began to enter the market, in the name of protecting national security, the environment, human health or safety, animal or plant life and health.It seems that carbon tariffs, climate and labor standards were not closely contacting with trade, but they also began to appear in the list of developed economies limit input products.After China joined the world trade organization in2001, China made the great efforts to perform their WTO commitments. According to the Mechanism of TBT, SPS Transitional Review, china should accept the provisions of the WTO on China's implementation of the TBT agreement and the SPS agreement Review every year in eight years since China joined the WTO, and China should accept the final Review at the tenth year or at an earlier date decided by the general council. Now, The promise of entering WTO is full performance, Chinese market become more open, it has impacted on the industry of poor natural endowment.Along with the import of waste and harmful component products into China, it will brings risk to human's health or safety, animal or plant life or health, it even will cause irreversible damage to the ecological environment. The foreign technical trade measures are updating rapidly, Chinese products frequently are blocked from other countries, literally, the Chinese market is attacked by the technical barriers to trade. It is more pressing for us to study the technical barriers to trade now. According to the research results at home and abroad, the economic research is too professional and technical, and the domestic studies have focused on the technical trade agreement and response, the characteristics of the related research is more introduction and less argument.It is a new attempt to study the technical barriers to trade for me. This paper will consider the connection of theory and practice by using comparative analysis method.Through the comparison in major developed countries'rules, we try to find the reason behind the technical trade barriers in China. How to make use of WTO rules in dealing with international disputes related to the technical barriers to trade, and how to decrease technical barriers to trade through the investment and the RTA/FTA of Chinese foreign trade. Against the two questions above, the author tried to put forward some superficial views and ideas. The main content and framework of this article as follows:The introduction, mainly stresses on the research background and significance, the study condition of the technical barriers to trade at home and abroad, the paper's framework, and the research methods, innovations and deficiencies of this thesis.Chapter one, the general overview of the theory of technical barriers to trade. We study the TBT's connotation and causes in order to grasp the TBT's legitimacy and restrictive.Chapter two, the study of the WTO agreements on technical barriers to trade. First of all, the Technical Barriers to Trade Agreement is treated as a research focus, Secondly the associated with the TBT agreement, such as GATT1994, the WTO agreement, GATS, TRIPS, SPS. The final is the study of WTO/DSU and WTO/TBT. Thirdly, the paper introduces the general situation of the dispute of TBT, WTO/DSB Report quoted of TBT Agreement and the practical challenges of the WTO dispute. Forthly, it analyses some vague terms about Clause B and G of the article20according to the Panel Report and the Appellate Body Report, on the base of South Korean-Beef, US-Gasoline Standard, EC-asbestos, US-tuna, US-Shrine. Finally it analyses some vague terms about article2.1and article2.2of TBT according to the Panel Report and the Appellate Body Report, on the base of US-Tuna, US-COOL, US-Clove Cigarettes.On this basis, it analyses the WTO/DSB disputes in the practice of its new trend.Chapter three, the main research of the TBT system in the trade company countries. We study the TBT and SPS system, the warning mechanism of TBT system in the United States.The thesis studies the EU's TBT system, for example, CE mark and the REACH regulation, especially refers to the European Union RASFF and RAPEX. The same research is Japanese and Canada.Then under the new economic environment, TBT presents new characteristics are analyzed and summarized.Chapter four, the study of China encountered the technical barriers to trade. At First, according to the latest data in2013, the paper studies the overall TBT impact of China's foreign trade from the European Union, the United States and Japan in recent years?Secondly it analyses the internal causes of TBT for China from six aspects, especially focuses on the RTA/FTA problems. Thirdly it analyses the flaws of the WTO agreements, the dispute practices related to TBT and SPS in China. On the basis of the research, the paper puts forward some ideas for China about using multilateral trade rules.The conclusion, this thesis is divided into four parts, this section is a summary for the thesis's research content and the research ideas.It is important to study the mature system and warning mechanism of the WTO agreements and the developed countries, especially for a country like China deeply puzzled by technical barriers to trade. And it is one of the important steps to perfect our technical trade measure system.