On The Technical Trade Barriers Affecting Trade In Food And Medicine

This thesis firstly defines and jurisprudentially analyzes the terms, such as TBT, technical regulation and technical standard, based on relevant WTO Agreements and the jurisprudential theories of international trade law and international economic law for the purpose of clarifying the definitions and characteristics hereof. The thesis will use the original technical regulations regarding food and drugs executed in the USA, EU and Japan as samples, and analyze them in a comparative way based on the combination of the analysis of regulations and that of practical cases. The purpose of the thesis is to recover the TBTs in respect of food and drug that China is suffering.In case such technical regulations complies with the commitments and obligations under WTO of a member and are truly necessary for the special purposes regulated under WTO/TBT Agreement, then relevant instructions or guidelines shall be made to help the food and drug which are manufactured in China to meet the requirements and standards of the importing country. Otherwise, the technical regulations shall constitute TBT and Chinese enterprises shall acknowledge how to protect themselves when being infringed.The thesis is divided into four main parts:The first part is the introduction of TBT, including its definition, history and revolution, as well as the status and importance of the technical barriers to trade in the fields of food and drug.The second part mainly analyzes the technical regulations under the WTO mechanism, including the definition and features of technical regulation under the WTO/TBT Agreement. Then this part will discuss the difference between the technical regulation and the standard in order to emphasize that it is technical regulation that mainly constitutes TBT.Based on the theoretical analysis of the above two parts, the third part investigates the TBTs in respect of food and drug policies of developed countries in a practical way. This part provides a whole picture of the TBTs regarding food and drug through studying the technical regulations of the USA, EU and Japan.The last part analyzes how Chinese government, enterprises and non-government organizations shall cope with TBTs, especially the ones in the fields of food and drug. We should improve the technical regulation system of our own country. Meanwhile, in order to resist the damages from those imported unqualified or unhealthy products that will do harm to our enterprises and inhabitants as well, we should have our own TBTs regarding the import of food and drug.