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A Reserch Of Legal Countermeasure To Face The EU Technical Barriers To Trade In China

Posted on:2011-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2166360302999112Subject:International Law
Abstract/Summary:PDF Full Text Request
Since China reformed and opened up, especially with its accession to the World Trade Organization (WTO), our country has become one of the largest trade nations in the world. In 2007, China had become the third largest trade nation and the second largest exporter. And its trade surplus with the EU and the U.S. was also increasing. Using various forms of trade barriers was the most effective way to balance trade in the countries. Non-tariff barriers which formed by the technical trade measures was increasingly complex. In the name of safeguarding national security, protecting human and animal and plant life and health, maintaining environmental safety, western developed countries, particularly the EU, the U.S., Japan and other countries, made use of their technical advantages to build higher and higher new trade barriers-technical barriers to trade. This kind of technical trade measures, which contained technical regulations, technical standards and conformity assessment procedures, was an important means to protect trade in the countries. The technical barriers to trade had brought forward the austere ordeal to the Chinese foreign trade, which had just integrated into the world economy. The data showed that:the technical trade measures reduced Chinese exports around 450-500 billion U.S. dollars after joining the WTO, which accounted for more than 25% of our country total export value. In 2006, China had 15.22%of the export enterprises which suffered the impact of foreign technical trade measures. The direct losses amounted to 75.8 billion U.S. dollars. The EU, as Chinese largest partner in the world trade, took its technical trade measures to form strict non-tariff barriers in the early days. The standards were strict, and the system was rigid. Especially worth mentioning, when the world had entered a new economic crisis, many countries had taken more and more flexible technical trade protection measures in order to protect their economic interests. The author noted that the EU had enacted a large number of technical regulations and standards and developed the corresponding conformity assessment procedures in recent years. These technical trade measures had limited impact on the developed countries. But they had significant impact on developing countries. For China, the EU technical trade measures would have generated an unprecedented lethality on Chinese products exported to the EU. In order to solve the bottleneck of Chinese foreign trade as soon as possible, this paper attempted to analyze the EU technical barriers to trade from a legal perspective. The author reviewed the problems that Chinese laws faced when they dealt with the EU technical barriers to trade and put forward focused legal countermeasures.This paper is divided into three parts, the first part consists of the EU technical barriers to the basic theory and practice of carding. It analysizied the concept, types, characteristics and impacts of the Technical Barriers to Trade; the formation, the basic contents and characteristics of the EU Technical Barriers to Trade; assessed the EU' Technical Barriers to inport and export trade. The second part is the summary and Response to the EU Technical Barriers to Ttrade existing in the legal system of the five issues, namely legal warning system slow, lagging behind the current technical regulations, technical standards for low statutory, internal and external legal inconsistencies and the use of certification and accreditation system WTO agreements and mechanisms are not sufficient and so on. The third part puts forward the China trade deal with EU technical barriers to the legal countermeasures:technical trade measures to improve the legal warning mechanisms, to further establish and improve the technical regulations, as soon as possible and increase our statutory uniform technical standards, the establishment of internal and external consistency legal system certification and accreditation, make full use of WTO agreements and mechanisms conducive to respect.
Keywords/Search Tags:International Trade, European Union, Technical barriers to trade, Legal Counter measures
PDF Full Text Request
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