Comparative Study On Sino-India Foreign Trade Laws, From The Viewpoint Of WTO

It is a hot topic on the comparative study on India and China. In recent years, when India's economy has been boosting greatly, the comparison between India and China covers all fields, including politics, economy, ideology, cultural background, development impetuses, legal structure, and so on. However, there are still not books or articles concerning the comparison of Sino-India foreign trade laws from the viewpoint of WTO. It is of great importance and necessity for this comparative study, since India is one of the original nations of WTO and China is the new member in WTO and both of which play a significant role in world economy.This article is rooted at Indian and Chinese Foreign Trade Laws and makes a series of basic comparisons from the viewpoint of WTO. The first part 'comparison of the Sino-India legal structure modes of foreign trade laws, illuminates by vivid pictures the differences between the two legal structure modes. Meanwhile, it has found out the reason why India and China have different legal structure modes of their foreign trade laws. By this way, their outstanding legal features are easily outlined. The second part 'comparison of the Sino-India administrative system for goods' import and export' focuses on their restriction/prohibition and license regulations, both of which are fundamental and principal in the practices of foreign trade. The third part 'comparison of the Sino-India foreign trade promotion regulations' covers the fields of foreign trade fund system, export duties' drawback/exemption regulations, supporting system for the small/medium-sized foreign trade enterprises, and the trade promotion organizations. Both Indian and Chinese governments pay great attention to the use of the above-mentioned foreign trade promotion regulations, although their practices are quite different. The fourth part 'comparison of Sino-India foreign trade remedy regulations' has five sub-parts. It firstly introduces the WTO fundamental regulations concerning the trade remedy; then describes the Indian and Chinese legislations for the foreign trade remedy; finally carries out the detailed analysis and comparison for the Sino-India anti-dumping and anti-subsidy regulations, and product-specific safeguard measures. The last part of the article emphasizes what china can learn from the Indian legislation for foreign trade. It no only summarizes the features of the India's foreign trade legislation, but also points out its advantages. Hopefully it can be of help for Chinese future legislation and law amendments.This article only focuses on the macro-aspect of the comparison of Sino-India foreign trade laws, while does not mention the regulations or rules about the trade involved intellectual property, service trade, or agricultural trade, etc. Hope this article will contribute to the understanding on the Sino-India foreign trade laws and help for further research on this field. Any of your correction and suggestion for this article will be greatly appreciated.