| The United States foreign trade policy-making system,which takes orders of the U.S. Constitution that granting particular authorization on the Congress as well as takes the traditions of politics,reappears the checks and balances doctrine.According to the U.S. Constitutional system,the relationship between Congress and the Administration is regard as subtle relations.The game about foreign trade policy-making power between Congress and the Administration will never cease.In order to reconcile the controversy between Congress and the Administration,as well as balance the trade policy-making power between President and Congress,"Fast-track/TPA" emerged as the times require.~2In U.S.foreign trade law, "TPA",formerly known as "Fast-Track",is essentially an important "statutory" treaty approval procedure designed for what in U.S.domestic law are called "Executive Congressional Agreements".Thus,TPA has turn to be the best method to carry out democracy and values of U.S.constitutional system.In order to put forward and improve TPA,firmly grasp the tendency of U.S.foreign trade law,and maintain the interest of China in the world economic system,this dissertation will analyze the basic theoretical problem,the legislative style,and the practical implementation of TPA,focus on the developmental tendency of TPA in the future.Besides that,this dissertation will also provide some suggestions for reference the reasonable elements of TPA.Except introduction and conclusion,the whole dissertation comprises of five chapters. The full dissertation adds up to 280000 words as well as seventeen charts and figures.Chapter One:The Concept and Characteristics of TPA.In order to establish the theoretical starting point for researching,this chapter defines the concept and legislative characteristics of TPA,provides a comparative study of the relevance between "Fast-track" authority in U.S.Foreign Trade Law and the "Expedited Procedures".The author reveals the basic elements of the "Fast-track" in U.S.judicial system and the "Expedited Procedures",the "Fast-track" in U.S.legislative branch and the "Expedited Procedures",as well as the "Expedited Procedures''in U.S.trade law,which is the origin of "Fast-track".By means of textual research of etymology,the author defines the uniformity and accuracy translation of the term "Fast-track/TPA" from English to Chinese.Through researching the distinction of "treaties" and "agreements" in U.S.,the author analyzes the classification of U.S.executive agreement,and holds that TPA is essentially a "statutory" treaty approval procedure designed for what in U.S.domestic law are called "Executive Congressional Agreements".In Chapter One,the following conclusions are drawn:the process of U.S.foreign policy-making is full of complexity and political nature.In U.S.,trade negotiation process and implementation system will abound with variations.In order to conformity with the strategic arrangement of U.S.foreign trade development,the U.S.relies that it should make the necessary reform on the separation of power in the trade policy-making system.Thus, Americans formulate a new authority called "Fast-Track".In 2002,the Bush Administration introduced the new phrase "Trade Promotion Authority" or TPA,to replace "Fast-Track" authority.The purpose to change the name was to solve the confusion between the "Fast-Track" expedited procedures used in civil litigation and the "Fast-Track" expedited procedures used in the Congress legislative bill.The "Fast-Track" authority in the Trade Law of 1974 is differ from the normal Congressional-Executive Agreement in that it has four important elements:anti-amendment,anti-bottling in Committee,and anti-delaying or anti-filibustering provisions that are at the heart of "Fast-track".TPA touches upon two competing theories relevant to congressional procedures:"legislative equality" versus "legislative entrenchment".TPA is fully consistent with the Constitution.It is constitutional. TPA is the statute,and not merely become the congressional procedure,namely the rules of each House.Chapter Two:The Value of TPA.Concretely speaking,this chapter will research the value of TPA on various aspects including the philosophy,law,economics,politics and sociology.Besides that,the author also uses the deductive method and the inductive method, takes the chart of data-analyzed and data statistics as the quantitative analysis,and research the individual case.The author points out that TPA provides for close collaboration between the President and Congress,and TPA is an important revision and supplement of U.S.trade policy-making system.TPA has breakthrough the current trade system of U.S.,but it did not exceed the framework of U.S.Constitution.TPA fully meets the development of multilateral trading system,answers readily the diversity interests in U.S.society,and goes a step further to lock the pressure transferring and transmitting system in domestic.TPA has become the key point to harmonizing the Great Debate between the executive and legislative branches, and benefit to promote the multiple targets of U.S.policy.In Chapter Two,the following conclusions are drawn:firstly,TPA expresses the philosophy pragmatism in U.S.cultural and thought tradition.Secondly,the legal value of TPA is improving the efficiency of power operation.TPA rebalances the Checks and Balances of Governance in trade policy-making power.TPA provides more power to the Congress than what the Congress could get in the traditional legislative process.This process ensures close coordination and regular exchange of information between the two branches. The extent of that information and the right of words obtained by the Congress are much more than what Congress could achieve in other international negotiation process.In the meanwhile, TPA has also provided more power to the President of Americans.TPA not only strengthens the negotiation authority and credibility of President,but also gives the power of activating the legislation process and the power of legislative motions to the President.TPA does not give the President a blank check to negotiate trade agreements,nor does it deprive Congress of its constitutional power to regulate commerce with foreign countries.Such an arrangement never reduces the role of Congress in trade negotiations to little more than a rubber stamp.In TPA,the Congress has the final say.The real advantage of TPA is that the President is guaranteed an up or down vote on the implementing legislation that he(or she) submits to the Congress.TPA prevents Congress from amending an agreement,from filibustering it,from bottling it up in committee,or from otherwise engaging in delaying or other tactics to frustrate an up-or-down vote.It also gives U.S.negotiators credibility,by assuring our trading partners that commitments U.S.Administrations make in good faith will not later be fundamentally changed by Congress.Thirdly,the economic value of TPA is to level the growth of U.S. social wealth.TPA becomes the only way to promote the U.S.economy.Fourthly,the political and social value of TPA is to harmonize the interest in two levels.The one is the interest exists in international trade dealings according to executive branch.The other is the interest exists in the guarantee of Congress towards the electors according to the field mentioned above.Thus,TPA strengthens the ability of ordinary citizens in U.S.to affect the foreign trade policy of Americans.TPA helps to maintain the stability of U.S.society,and benefit to spread the U.S.values and construct the U.S.security system. Chapter Three:The Legislative Style of TPA.In this chapter,the author makes use of the historical analysis and comparative study methods,as well as by virtue of chart and graph to carry out on induction and summarization.To outlining,analyzing and evaluating "the 1934 System" and TPA style,as well as the transition of Constitutional Delegation of Powers in U.S.trade policy-making.By sketching the origin,formation,development,hiatus,revival and setback of TPA,the author researches the scope of application,limitation,provisions and clauses regulation,as well as system design of TPA,and how does TPA works.Comparing the legislative background,the legislative process and the inheritance as well as changes of TPA in different period(1974-Mar.2009).The author also makes use of chart and graph to demonstrate the TPA procedures and the congressional time line for consultations under TPA in detail.The author reveals the elements that block the grant of TPA and the result of lose TPA.After that,the author brings up the methods to amend and perfect TPA.In Chapter Three,the following conclusions are drawn:firstly,the changes of internal and external situation,increasingly dispersion of Congressional power,as well as the slowness process of traditional legislative procedure in Congress,have created a chance to the President to exercise the power of he or she.Secondly,the early stage of Separation of Powers,which birth in 1930's and last till 1960's,is called "the 1934 System".The 1934 System resembles the success of liberalism policy.But compare with "Fast-Track" birthed in 1974,the 1934 System still has some shortages in its design.Thirdly,the modern system of grant "Fast-Track" authority is the highlight of U.S.trade law history.Fourthly,during the 104th-107th Congress session,the debate on "Fast-Track" was focus on three aspects,which including trade adjustment assistant,labor and environmental issues as well as the maintenance of executive ability of the U.S.Trade Remedy Law.Fifthly,based on the foundation of "Fast-Track",the Trade Act of 2002 details the trade negotiating objectives, and for the first time,the Trade Act of 2002 includes specific negotiating objectives on trade-related labor and environmental issues.Besides that,Trade Act of 2002 also creates a special Congressional Oversight Group(COG),which composed of members of Congress to provide direct participation and oversight to trade negotiations initiated under the Act.Sixthly, TPA grant the Congress specific ways to withdrawal of expedited procedures,which reflects TPA is a kind of limiting trade agreements authority and a highly conditional grant of authority.The congressional procedures outside TPA will promote the closely cooperation between executive and legislative branches.Seventhly,lots of variables play an important role on the evolution of TPA.Those variables include the role from government,society as well as the internal and external environment.Eighthly,it is hard to design TPA as a grant that does need frequent extension or renewal.Ninthly,the author provides suggestions for the future development of TPA.Proposing the U.S.government to guide the Congress support and renew the authority.Suggesting improving the recent statutory formulation of TPA,the U.S. government should alternate the level of grant authority according to different negotiation situations as well as design a fallback check.In the TPA,the participation level of Congress in the trade negotiation should be arranged and the degree of detailed explanation of negotiating objectives should be well considered.Moreover,the reservation space to the President and the existence of flexibility for the negotiating objectives should be considered in details.The extent,frequency,and timing of consultations specified in TPA should be defined.Specifying those members of Congress and congressional staff who may serve as congressional trade advisers,and specifying any duty on the part of these advisers and COG to report to the leadership and to relevant committees.The mechanism,which ensures the consultation results from COG and both House of Congress as well as the commitments clearly unfold to the President,should be regulate in TPA.Tenthly,by means of constitutional delegation of powers,TPA solves the question about the allocation of power between executive and legislative branches in decision-making.Nowadays,the precedence considered by the U.S.government is how to stimulate an effective trade policy.In order to solve the financial crisis,stimulate the economy and gears up for economic revival in U.S.,TPA is of utmost importance and precisely important.The function of TPA to promote the trade liberalization globally and facilitate the economic growth will be further strengthening after an appropriate reformation.Chapter Four:The Practical Operation of TPA.This chapter will positively analyze the practical operation of TPA in multilateral trade agreement negotiation,bilateral trade agreement negotiation as well as regional trade arrangement negotiation.The author focuses on the different arrangement of trade agreement negotiating objectives from "Fast-Track" to TPA authority.In the research on the relevance and the interaction of TPA to the multilateral trade system,the author will analyze the promoting function to trade liberation in terms of Reciprocal Trade Agreement Act of 1934.Furthermore,the author will research the practical operation of TPA in the Kennedy Round of GATT in 1962,the Tokyo Round of GATT in 1979,the implications of the Uruguay Round Agreements in 1994,and the Doha Round.In the research on the relevance and the interaction of TPA to the bilateral trade agreement and regional trade arrangement,this chapter will concrete on the practices of TPA in Americas Region,Asia-Pacific Region,Middle East and African.In Chapter Four,the following conclusions are drawn:firstly,following the changes of internal and external situations,the U.S.has different motive and objective of value to use TPA in different period.TPA has turn to be the best strategy to maintain the leading position and controlling power of U.S.in the new round of WTO,and becomes the best method to carry out democracy and values of U.S.constitutional system.Nowadays,the grant of TPA will boost the Doha Round negotiation,vise versa,the prospects of Doha Round will also relate to the renewal of TPA.Secondly,the newly trade policy taken by the U.S.is significantly pragmatic.In this process,TPA brings significant benefits to Americans and establishes a solid basis in domestic law for U.S.to attain a radioactivity bilateral and regional trade agreement,which takes U.S.to be centralized.Thirdly,it would be foreseeable that the U.S.will bring more trade related issues,which do not form trade barriers,into the trade negotiations.The labor and environmental issue bringing into trade agreements will go beyond their basis category,and have possessed equivalent with political and economic signification.The trade agreement signed by U.S.will become a comprehensive system of arrangement.By way of bringing sensitive topic for discussion,such as labor and environmental issue,into bilateral and regional trade agreement,and make those sensitive topic to be initiatively realized in bilateral and regional trade agreement,the Americans transfer a powerful signal to the WTO members that he will devoted to take advantage of efforts outside WTO,and push forward those new topics for discussion.It should not be simply state that the justification of the expansion of the non-tradable value is protectionism. Fourthly,TPA has exerted the very important effects in promoting the free trade negotiation enter into substantive stage,and shortening time for negotiation.Fifthly,in order to promote the strategic deployment of Americans,the negotiation of multilateral,bilateral and regional trade is the parallel hierarchy and complements each other,which composed the important foreign economic strategy of Americans.The issues relevant to social policy and view of value,which carrying out in U.S.bilateral and regional trade agreement,will be the modernized standard and example for the economic activities in the 21st century,and will offer American style for reference to the foreign nations in concluding free trade agreement, and will enable the U.S.to maintain its primacy in the global economy as well.Consequently, according to U.S.,making use of TPA to consider and sign the trade agreement is not the purpose,but the method to accomplish and realize the objectives.Chapter Five:TPA and China.In order to reinforce the responding countermeasures of China,learn from the beneficial components of TPA,research the legal system of Chinese economic and trade,and improve foreign trade policy-making in China,this chapter will base upon the national situation of China,by means of quantitative analysis,researching on the influence and enlightenment of TPA towards the economic development of China.Firstly, this chapter will analyze the economic relationship of China and U.S.after the cold war and the promotion of Chinese economic statute in the financial crisis happened nowadays.Then, the author will analyze the multiple influences from TPA to China.The author states that U.S. has make use of TPA to compete with China for the power of influence in Asia.The author will also look forward to the negotiating objectives established by TPA and the signed free trade agreement participated by Americans that make China encounter with trade-shift effect, and influenced some specific industry in China.Finally,returning to the details that abundant enlightenment to China in TPA,the author points out some reform suitable for China.In Chapter Five,the following conclusions are drawn:firstly,China-U.S.economic and trade relations are even closer.Currently,the financial crisis rolling up worldwide will speed up Asia to be the central of the world,and thus benefit China to enhance its economic position. Secondly,TPA is a double-edged sword.It is important precisely because it has become a political symbol of America's commitment to free trade.In the meanwhile,TPA will cause trade-shift effect to China and bring even more fiercely external competition to China.In addition,we should pay attention to the action related to China taken by U.S.to seek for TPA. Thirdly,the demonstrations made by TPA will influence China and other WTO members. Americans could make full use of those FTA and RTA that considered upon TPA emerged to be the competitive mechanism against multilateral negotiation.Bringing labor and environmental issues into FTA and RTA will bring reconciliation to break through the debate in multilateral negotiation.Consequently,China should pay more attention to consider how to balance the expansion of trade and the protection of labor right as well as environment in the development of economy.Fourthly,the substance of counter-measure for China to face the TPA is to dealing with the whole set of foreign trade policy-making mechanism in Americans. Fifthly,according to the enlightenment of TPA,China should modify some law and regulations related to foreign trade,strengthen its operability,set a clear negotiating objectives,stick out national interests,reflect,coordinate and balance various of interests,as well as improve the supervision function before,during and after negotiation.Sixthly,Using consultation system of TPA for reference,improve the common will in negotiation.Taking the time phase and activity frequency of USTR Congressional consultations as reference, China should chose appropriate participation points,properly applying the operation feature of TPA and using the internal regularity of U.S.trade politics system to effect U.S.foreign trade policy,which will yield twice the result with half the effort.Seventhly,China should establish and strengthen a highly efficient trade negotiation and policy-making system. Centering on democracy and efficiency,China should improve the system to make various interest subjects participate in the trade negotiation and facilitate the process of policy-making become more and more diversification. |
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