Research On "Section 301" Of The U.S Trade Law

"Section 301"of the U.S Trade Law can be seen one of the most famous domestic law in the world. As a powerful, eminent and important law of U.S,"Section 301"is the most effective tool that U.S opens up the overseas market and protects its economic benefits. It is also the most important domestic law bases of dealing with trade barriers of foreign countries, which is regarded by America as the most important"Stick"to maintain its interests. China is one of"Section 301"s victims. In the time of WTO, in theory, there are situations and space for existence and use of"Section 301"and growing tendencies in function, especially the possibility to develop"China 301"with integrative functions. In practice, U.S still proposes and investigates issues on implementation of protection of intellectual property, rights of man, market admission, trade barrier, bilateral agreement ect. of China, not excluding the possibility to crack down on or make retaliation on China according to"Section 301". However, the study of"Section 301"is still relatively incomplete in China, especially in study and model aspect. Therefore, to strengthen the research on"Section 301"of US Trade Law, WTO and its relevant rules to find practical solutions adapting to actual situations in China is of theoretic values and more realistic significances.This thesis adopts a combined approach of not only theory and actual cases, but also history and actuality, which leads to a panoramic view of the objective. The thesis makes a digestion of how it affected WTO dispute settlement and the interplay between them. And the cause of it adapts the environment and operates according to the mechanism. The thesis puts emphasis on the objective's real impact on China and also provides suggestions for China from different angles and in different fields.The first part of this thesis introduces the content, the legislative background and the continuously revised evolution of"Section 301"."Section 301"of the U.S Trade Law was defined firstly in Section 252 of《Trade Expansion Act of 1962》, then revised successively in《Trade Act of 1974》,《Trade Agreement Act of 1979》,《Trade and Tariff Act of 1984》,《Omnibus Trade and Competition Act of 1988》.U.S revised it in《The Agreement Act of Uruguay Round》after WTO was founded and then in Section 407 of《Trade and Development Act》in 2000."Section 301"which is discussed in usual is the content of Section 1301-1310 of《Omnibus Trade and Competition Act of 1988》.The second part of this thesis introduces the procedure of Section 301, includes"Common Section 301","Super Section 301"and"Special Section 301". The procedure of"Common Section 301"includes investigation, consultation, the U.S Trade Representation's decision, the sanction, the supervision on foreign countries'implementation, the modification and termination of sanction, the request for information, the administration."Super Section 301"and"Special Section 301"have their own special aspects compare with"Common Section 301".The third part of this thesis makes comparisons between"Section 301"and other important rules of U.S Trade Law, such as antidumping rules, countervailing rules, Section 201, Section 337. From the comparison we can conclude that Section 301 is a unique system which is an"aggressive"unilateral retaliation and a treat to promote exportation.The forth part of this thesis analyses the relationship between"Section 301"and WTO dispute settlement system. Firstly, between"Section 301"and the DSU retaliation rules. The relationship is they interplay and restrict each other. And then analyses the"Section 301"s violation and promotion to WTO dispute settlement. Secondly, points out that"Section 301"interplays WTO dispute settlement. It is the character of"Section 301"which makes it adapts the environment of WTO. The characters are that Section 301 connect the procedure of unilateral investigation and multilateral dispute settlement system and has a high transparence and is able to be used on un-WTO members.The fifth part of this thesis analyses the relationship between"Section 301"and China. Firstly,analyses the probability and inevitability that"Section 301"impacts China, then introduces the cases that"Section 301"against China, includes intellectual property case of 1991, market entrance case of 1991, intellectual property case of 1994. In these cases U.S and China agreed understandings in the dead line of the date of retaliation of"Section 301"and China has paid a lot. Then analyses emphatically the strategy and measure how China will deal with"Section 301". China should consummate the domestic relevant legislation to make it compatible with WTO rules and strengthen the enforcement of law, enhance the transparence of administration and intensify the protection of intellectual property. Secondly, China should take an active and cautious use of WTO dispute settlement system. We should strengthen the research on WTO dispute settlement rules, especially the accordance of the domestic law to WTO rules. We should be earnest and religious in the course of dispute settlement and try to get the consultation. We should maintain good relations with WTO Secretariat, the Panel, the Appellate Body, especially the WTO Law Consultation Central. At last, we should pay more attention to the relations between the"Section 301"and other rules of U.S Trade Law. We should react rapidly to the procedures of"Section 301", not missing the occasion of informal negotiation to solve the dispute. We should strengthen the research on the legislative background and the relative trade policy and political purpose. When we study the"Section 301", we shouldn't limit our sight within itself. We should put it in the context of American's political and economic circumstances.