Research On The Legal Issues Of Trade Frictions Between China And Developing Country Members In The WTO System

Recently, the trade frictions between developing country members and China in the WTO system have become a significant issue in the field of China's foreign trade. Since China's accession to WTO, we have acquired great achievement in the field of trade, our trade surplus shows an increasing trend, while at the same time, we are also facing increasing trade frictions, among which the traditional ones are from developed countries, moreover, developing country members including India, Turkey, Brazil and Mexico etc. also begin to use anti-dumping and safeguard measures as means to restrain our exports, the amount of the cases of trade frictions with these countries increase yearly. Developing country members are becoming or will become the main exports destinations of our labor-intensive products, the trade frictions with these countries would severely influence the exports and strike on the relative districts and industries, and further causes the chain- trade frictions actions targeting at China.As trade frictions become much more common in the international trade field, study systematically on trade frictions issues between China and developing country members would have practical significances on promoting the economic and trade relationships with developing country members, widening our exports destinations, and enhancing the cooperation with them on the international economic and political affairs. This essay is about the trade frictions between China and developing country members in the WTO system, the emphasis is on studying the current situations of the trade frictions with developing country members, analyzing the legal measures used as means of the trade frictions, concluding the causes of the frictions and putting forward the pertinence countermeasures. This essay studies on the basis of the initiations and measures of the trade frictions reported by member states and the cases related accepted by Dispute Settlement Bodies of WTO which promulgated by WTO. by researching on the literatures of both native and foreign scholars, using methods of empirical analysis, including adding up, comparatively analyzing the newest data of trade frictions and analyzing the typical legal practice and case on the trade frictions, mainly discussing the characteristics, trends, measures, causes of the trade frictions between China and developing country members. On the first part of this essay, firstly, introducing the overall situations about the trade frictions in the WTO legal system which China is now facing at, analyzing the characteristics and the trend of the trade frictions, then on the basis of the former analysis, emphatically analyzes the trade frictions with developing country members, dissects the characteristics and legal measures of it, discusses the major measures used by developing country members: anti-dumping measures, safeguard measures and special safeguard measures.The second part is about the causes of the trade frictions with developing country members, the causes include the external factors and internal factors, which involve the political and economic causes such as imbalance of the economic development levels between developing country members, and developing country members imitate developed countries on trade frictions measures, and also involve legal causes such as the deficiencies of the WTO Anti-dumping agreement, the problems exist in the trade remedy system of the developing country members; our industrial structures and coping mechanism with trade frictions also have defects.The third part is on the empirical analysis of the legal practices and typical cases of trade frictions with India, this part forms a connecting link between the preceding part about the causes of the trade frictions with developing country members, puts forward countermeasures according to the case and played a foreshadowing role on the following part about the countermeasures of the trade frictions with developing country members.The fourth part of this essay put forward the pertinence countermeasures of the trade frictions issues. This part lays emphasis on fully utilizing the mechanisms of negotiations to enhance the negotiation and consultation with developing country members in the WTO system. Meanwhile, to settle the trade frictions in the means of the anti-dumping, safeguard and special safeguard measures by submitting the issues to the WTO dispute settlement mechanism should also be emphasized. According to the internal causes concluded in the second part, the suggestions on changing the current industrial structures and trade policies, taking advantages of the trade organizations and concrete countermeasures of the enterprises are given.