Quantitative Restrictions On The GATT/WTO

Quantitative restrictions are the most commonly used method of non-tariff barriers, which has several characteristics such as concealed, opaque and arbitrary. It very easily leads to abuse of trade protection measures, distorting liberalization of international trade. The GATT/WTO promote trade liberalization, advocated to cancel any non-tariff barriers, Thus, GATT/ WTO generally prohibit quantitative restrictions. However, the difference between country's economic system and the imbalances levels of economic development, considering the actual needs of countries, GATT/WTO have made some exceptions, Countries can protect their special interests in the context of these exceptions. However what is meant exceptions, which exception can be applied in exceptional circumstances, and how the quantitative restrictions applied in China, these problems do not have a specific standard, this will be analyzed and discussed in this issues.For the quantitative restriction, domestic scholars, not much research on this issue, on this subject there is no monograph, and academic papers are not to ten. This also includes the exploration before joining in WTO. But the quantitative restrictions must exist as an important measure at this stage, I think it is necessary to conduct further research, this is the reason I take this issue as a master's thesis.Except introduction and conclusion, this paper divided into four chapters.The first chapter is a theoretical explanation. The content from the start of the concept of quantitative restrictions, because theorists are not uniform definition about quantitative restrictions, so I try to make my own definition. Then the article analyzes the basis for the existence of quantitative restrictions, from history to reality based, analyzes the inevitability and necessity of the existence of quantitative restrictions at this stage, but do not deny the negative nature, after a certain historical period, the phasing out quantitative restriction is the trend. The first chapter also explores the relationship between quantitative restrictions and tariffs, through the links and differences between the two, so as to better understand the real function of the measures, and find the entry point to limit the number of measures. In the first chapter also lists the GATT regulations quantitative restrictions general measures, to prevent the behavior can be harm new order of international trade and economic is Impossible, the general measures as a the last defense line of the fallback provisions.The second chapter starting from the empirical analysis, focusing on the elimination of quantitative restrictions in GATT, and through the typical case of the semiconductor trade to declare the WTO's position on the quantitative restriction and its practice in legal practice.The third chapter is not only the highlight of the whole article, but also the innovative part of the article. The nature of state trade does not reach a unified opinion, most of them tend to see it as a separate trade barriers, but some scholars Support that through the state trade the government limits the trade in two ways. The first is due to the monopoly of the enterprise, as long as it raise imports'price in the domestic market, will be able to play the role of tariffs, for example, the price of a box of cigarettes in the 100, if the monopoly company price of 200 yuan, equivalent to levy a 100% tariff. The second is that if it is only allowed to import a certain amount of product is equivalent to the nature of quantitative restrictions. In this article, I prefer it the second nature that is its nature has quantity restrictions, and focus on this argument, the related issues about state trade were described. In the third part of this chapter, describes the status of our national state trading system, and puts forward some improve advice. State trading enterprises is the effective means to maintain and enhance overall national strength and international competitiveness in developing countries to compete with the developed countries. In order to prevent the negative effects of trade liberalization, maintain national economic sovereignty, domestic price stability, manage important domestic resources, control and rationalize of foreign trade and so on, the system is the state trade of developing countries is an effective weapons under the GATT/WTO framework. However, must be effectively using this tool, not abuse. The proposal in the third part of state trade system is to regulate the behavior of damage trade liberalization which abuse of state trade method.Chapter based on my own country and combined the legislative of quantitative restriction rules, brief analysis import and export quota management system and import and export license management system, and evaluate current policy about quantitative restrictions, also pointed out that China comply with commitments what joined the WTO, The existing system of quantitative restrictions and the future direction of the provisions are consistent with WTO rules.