Study On Technical Trade Barriers And Countermeasures

Due to the characteristics of strong concealment, low clarity, and being hard to supervise or predict, Technical Trade Barriers (TBT) have turned to be the most effective methods to protect trade in the modern times, especial for those developed countries. The broad use of TBT in international trade makes great obstacles to the exports of China and other developing countries, which also become the important factors for the disputes arisen. Under this circumstances, the author sets about to write this paper. By putting TBT into the background of technical trade measures, the author explores the definition of the concept of TBT upon the comparison between TBT and technical trade measures. Wherein, the legal attitude of WTO to TBT has been concluded. These will clarify the confusions between TBT and technical trade measures, and will correct the trend of being negative without any distinction, which would result in positive effect either on theory or practice.The summed methods of induction, deduction, dialectic, comparison, theoretical and empirical analysis are applied in this thesis. In the first chapter, two different ways are classified to explain TBT on theoretical field, which are called"obstacle theory"and"measure theory"separately. Having taken the concept of"trade barrier"as the break point, the author outstands the core part"trade barrier"off the concept of TBT and emphasizes TBT on its aim of restricting or preventing the imports of the foreign goods through explaining the English word"barrier"and Chinese phrase"trade barrier". Furthermore, the author highlights the point that TBT should be researched in comparison with technical trade measures. There comes the definition of TBT in the end .In the second chapter, the thesis prescribed three elements of TBT according to the agreement on technical barriers to trade, and demonstrated the main types of TBT. Disputes relevant with the technical trade measures and the sanitary and phytosanitary measures provided us the excellent research materials. Therefore in the third chapter, the author induced the legal attitude of the WTO to TBT by analyzing these cases. In the fourth chapter, either outer reason or inner reason is considered to make out the countermeasures. At last, the thesis releases the countermeasures to inside and abroad extent, mostly depending on the shortage of our own.