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Studies On The Legal Issues Relating To The Application Of The Principle Of Non-discrimination And The Definition Of "Like Product" Under The Multilateral Trading System

Posted on:2005-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:X G MaoFull Text:PDF
GTID:2156360122485022Subject:International Law
Abstract/Summary:PDF Full Text Request
This article is concerned with the issue of "like product" and its implication for the implementation of the principle of non-discrimination. The principle of non-discrimination is the most fundamental principle under the multilateral trading system, with respect to its constitutional function. In the covered treaties of World Trade Organization, the principle of non-discrimination takes on two forms, one is the most-favored nation treatment rule, and the other is the national treatment rule. The most-favored nation treatment rules laid down in Article 1 of GATT1994 and the national treatment provided for in Article 3 of GATT1994 are based on the concept of "like product", which thus proves to be of crucial importance. However, the term "like product", which occurs in dozens of times in the related articles, does not have a universal definition. It has long been accepted that the term may have a different meaning in the different provisions in which it is used. The issue of like product reflects the conditionality the related rules encountered in their application. There is a system of principles in the legal system of world trade organization, in which the principle of non-discrimination plays a vital role, nevertheless, when it actually carries out its functions there are significant exceptions, this show the complexity of the decisions made under the multilateral trading system when members tries to make it more liberalized. This complexity is the logical choice of the members to harmonize the conflicting values when they facing the unbalanced development of trade liberalization.In addition, the significance of the technical aspect of legislation and the functions of dispute settlement as to the implementation of the principle of non-discrimination with particular reference to the issue of "like product" are also investigated in this article. As one of the basic principles of the legal system of World Trade Organization, the implementation of the principle relies on the making of specific rules and their reasonably application; this process also shows a balancing of conflict of different values. Although there is discretion, the basic requirements of the principle certainly limit the scale of such discretion.In order to cope with new challenges followed her accession into the World Trade Organization, China is now stepping up her efforts in improving the legal system of foreign trade, and this makes the studies on the above-mentioned issues even more important, both at academic level and in practice. Therefore, the author takes on legal research methods such as deduction, taxonomy, comparison and induction to investigate those issues both from general law and specific regulations, when emphasizing the analysis of related rules and cases. The article comprises of over 60,000 Chinese characters and is divided into four chapters as follows: In Chapter One, the Author investigates the principle of non-discrimination and its relations with multilateral trading system. Initially investigates the notion of non-discrimination, concentrating on its relation to the trade liberalization, its general values and also its validity under the international law. After that, the author indicates there is a system of basic principles under the legal system of World Trade Organization, and the leading role of the principle of non-discrimination in it; in the last part of this Chapter, the conflicts of values that the principle of non-discrimination facing during its application are discussed with the conclusion that the concept of like product can be used to harmonize the conflicts.In Chapter Two, the focus on significance of no-discrimination shifts to a puzzle encountered during the application of non-discrimination rules, namely the issue of like product. Starting from investigating the source of this concept, this investigation indicates that the concept of "like product" is highly related to the application of the non-discrimination...
Keywords/Search Tags:Non-discrimination
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