The Theory Of The Insufficient And Remedy On Regulating Agreement On Technical Barriers To Trade Under The WTO

Technical Barriers to Trade is a new kind of trade barriers and non-tariff trade barriers category belongs to. As the product technology unceasing innovation, production level unceasing enhancement, the consumer for product requires the continuous strictly, country concerns the protection of environmental and human animal life health and prevent fraud which generated the product manufacturing process produces. In this context, the importing countries improve the technology standards and market access, these measures are to some extent affected the development of trade, technical barriers to trade resulting. Technical barriers to trade influence huge negative impact on trade, countries suffered huge expanding losses of trade. Being forced, the international community reach a consensus on the necessary of regulation and eliminating various of non-tariff trade barriers, "Agreement on Technical Barriers to Trade" is specifically regulated under the WTO Technical Barriers to Trade of the regulatory documents.The Technical Barriers to Trade has various in form, easily concealed, and the effect is distinct characteristics, but also on a global scale to be getting worse. Between developed and developing countries, and developed countries, there are numerous technical barriers to trade."Agreement on Technical Barriers to Trade" regulates the standards of importing products mainly in rules of technical regulations, standards and conformity assessment procedures. The agreement existing insufficient on Technical Barriers to Trade in the following aspects:The vague terms of the core legal concepts and legal definitions brings the difficult of practical application; Implementing the principle of "Equivalent" hinder the state economy sovereignty; It's difficult to pursue the principle of "Mutual recognition ";The lack of restraint hinders the achievement of "Developing countries special and differential treatment principle"; The loose attitude on choosing standardized institutions is easy used to set up the technical Barriers to trade; The innovative set of complaints system is difficult to resolve real disputes in conformity assessment procedure; States generally accepted the recognition for third-party certification body does not give approval result in disputes causing by the disunion on the conformity assessment procedures between countries.In view of the above, in combination with the WTO operation mechanism, using the existing measure and system, we may attempt to compensate the inadequacy of regulation on "Agreement on Technical Barriers to Trade" for the following aspects: The Dispute Settlement Body-DSB may make clear explanation on the core legal concepts and legal terms by the form of appeal report or important supplement to avoid duplication of explanation, to avoid the injustice caused the meaning of vague; Implementing the created principle of "Equivalent" in the level of product standards and conformity assessment procedures level rather than the level of technical regulations to avoid a confrontation with the national economic sovereignty; Evolution existing "observer" system, strengthening the cooperation between international standardization agencies, co-management the order of international standard, authorization the legitimacy of third-party certification system; Technical barriers to trade commission may pay attention to recognition and training specialized personnel, attach importance to technical expert group's role in dispute settlement; Technical barriers to trade commission may try to establish an open reporting system after authorized by the WTO, to assessment the circumstance of technical assistance made by developed countries for developing countries; Reference for developing countries choosing trading partner, better establish the order of international.