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The Influence Of The Technical Barriers To Trade On China's Foreign Trade And Our Countermeasures

Posted on:2005-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HuangFull Text:PDF
GTID:2156360122999733Subject:Law
Abstract/Summary:PDF Full Text Request
The technical barriers to trade (TBT) has become the most important barriers to international trade as the tariff-barriers being less useful. After our country entered the gate of WTO, it became very important to the healthy growth of our economy that whether our products can export freely under the technical barriers set by the foreign countries and whether we can make some efficient technical trade-protect measures using the rules permitted by WTO.This paper investigates in details into legal issues concerning WTO/TBT and WTO/SPS, introduces the successful experiences of the developed countries and the current situations of our country. Finally, some suggestions are brought forward on our technical regulations, technical standards and conformity assessment systems.1.Introduction of TBTThe word of TBT is not used in any country's legislations. And there isn't an unified definition on TBT. The author brings forward his own definition on TBT, and classifies it into three types: technical regulations, technical standards and conformity assessment systems. The ultimate purpose of setting TBT is to protect the interest of the country. TBT has the characteristics of dualism, agile, complicated, ulterior and extensive. TBT plays a positive role in protecting the health and safety of the people and the environment, but it plays negative role to the development of the international trade and the economy of the developing countries. The use of TBT is rising rapidly in the recent decades. In order to promote the development of international trade, WTO passed some agreements like WTO/TBT and WTO/SPS to limit the use of TBT.2.The contents of the agreements on TBT in WTOWTO/TBT is the most important agreement in WTO concerning the technical barriers to trade. It stipulates a series of rules on technical regulations, technical standards, conformity assessment systems, notification and enquiry systems. Because the ulterior TBT measures----the quarantine measures has more and more influence on international trade, and WTO/TBT is not enough to limit the use of quarantine measures, the Uruguay Round passed the agreement of WTO/SPS. It stipulates the rules in using quarantine measures more particularly and strictly than WTO/TBT. Other than these two important agreements, some articles in other agreements of WTO also stipulate some rules concerning TBT.3.TBT systems of some developed countriesThe TBT systems of the developed countries are perfect with artful names because of their fully developed economy and advanced technology. As the first district organization realized the existence of TBT in international trade, the European Union form a two-layer TBT system with the upside as directives and the lower side as standards. The United States has a very complicated technical regulations system. Regulations are made for every kind of product including its manufacturing and the procedure of importing. They form a high technical barrier to the foreign products by using with the measures of technical standards, commodity inspections, label and certification systems. The Japanese government united the technical standards of the industrial and agriculture products in the whole country by standardization. The technical regulations and technical standards in Japan are not only very large in quantity, but also different from the international standards. It forms an obvious obstacle to the foreign products to enter the Japanese market.4.The influence of TBT on China's economy and tradeChina is a developing country disadvantaged in technology, so TBT has important influence on China's economy and trade. It has influence on the scope of markets for our products, the increasing speed of our export and also the cost of our export products. It also has influence on the foreign investment in China. The strict environmental requirements in developed countries make some investors transfer the polluted industry to China. To protect the domestic industry and the health and safety of the people, our country also tried to make so...
Keywords/Search Tags:Countermeasures
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