A Comparative Study On Trade Barrier Investigation Mechanism

Like anti-dumping, countervailing and safeguards system, trade barrier investigation mechanism is an instrument of trade remedy which plays an important role in protecting WTO members' rights under the WTO auspices, improving international trade and investment environment, benefiting industries as well as accelerating the settlement of international trade disputes. But up to now, only the US, the EC and China mainland have established this mechanism.Both the US and the EC are enjoying relatively perfect trade barrier investigation legislation symbolized by Section 301 and TBR in addition to accumulating a wealth of experience in trade barrier investigation practice.For the purpose of eliminating the increasingly rampant trade barriers confronting China's enterprises, China promulgated the Provisional Rules Governing Investigations of Foreign Trade Barriers in September 2002. But the lack of experience and the defect of our legislation make it essential to learn from the US and the EC.This essay aims at perfecting China's future legislation and gives some guidance for future practice. Firstly, it grasps the traits of trade barrier investigation mechanism in the WTO era, then sums up the experience of the US and the EC, and finally compares the substantive and procedural issues in the Provisional Rules with those in Section 301 and TBR.