Study On Trade Barrier Investigation System

The legal system of trade barrier investigation is a defensive and positive trade remedy measure, which is important to the protection of one country's international trade rights and interests. This system is established initially in our country along with the implementation of the "Foreign trade Barrier Investigation Rule". But this system is far more concerned than the anti-dumping regulation and so on since it is a newly emerging thing in our country. Study on this system still needs to further. This thesis aims to inquire the international validity of this system by discussing its conflict and coordination with WTO, to summer up its characteristics by analyzing with other trade remedy measures, and to propose some constructive suggestions to our legislation and related rules of this system by comparing with certain questions about the foreign trade barrier regulation of the U.S. and the E.U.This thesis divides into four chapters: the first chapter is the general introduction, which introduces the conception, general contents of this system and summarizes the legislation and practice in several countries which has established this system, mainly about section 301 of the U.S., TBR of the E.U. and the "Foreign trade Barrier Investigation Rule" of our country. The second chapter discusses the relationship of this system with WTO and other trade remedy rules in an international and national law background separately. The third chapter is about the comparative analysis of some important substantial rules and procedure rules of the foreign trade barrier investigation system among the U.S., E.U. and China. At first, the thesis compares the substantial rules including the scope of the investigation system, legal definitions of the trade barrier and the damage. Then it compares the procedure rules including the initiation of the system, the processes of the investigation, the decision-making and the final measures. The last chapter puts forward the suggestions for improving the "Foreign Trade Barrier Investigation Rule" of China, including the improvement of legislation and other relative measures, and attempts to resolve all the questions in the above chapters.