Eu Trade Barriers Investigation The Legal Systems Of Reference

When it comes to the instrument of removing the trade barriers, one may think of the so-called Section 301, Certainly compared to the volume of writings and publications on the Section 301, it seems to us that the EU Trade Barriers Regulation, in shorthand TBR, has been somewhat neglected. The purpose of this dissertation is to use the experience of the operation and perfection of the TBR for our reference. To allow her to achieve this aim, the author describes and comments on the TBR as a commercial policy instrument. This dissertation, utilizing study method of background analysis, comparative analysis, case analysis, provides a detailed interpretation of the TBR. It stretches the analysis deeply into the improvement of the use of the instrument as well as the major principle. Based on these analyses, the article puts forward some constructive opinion on the improvement of the use of market access investigation procedure in China.This dissertation is divided into five chapters besides introduction and conclusion. Chapter â… : Introduces the background of the establishment of the TBR Firstly, the story of Section 301 must be told. Second, the history of the TBR is described in detail. Based on the analysis, it is clear that the origin of the TBR goes back to the early 1960s. Gaining a good deal of enlightenment from US experience, the EC introduced the New Commercial Policy Instrument, in shorthand NCPI, in 1984. And then the TBR came into force in 1995.Chapter â…¡: Focus on providing guidance on the procedure and application of the TBR. And it is necessary to describe ift this chapter how TBR complaints are transformed into WTO dispute resolution cases and how the interaction between the two levels occurs. Besides of these, since the judicial review plays an important role in the proceedings, the author briefly says something about the effect of the judicial review.Chapter â…¢: In this chapter, the author points out that hitherto 20 TBR cases have been launched and these TBR cases has led to a number of meaningful results. But in view of the numerous barriers encountered by EU eompanies, this is a low number of cases. And there are two reasons could explain this situation. The first reason is thatcompanies are not sufficiently aware of the possibilities this instrument affords. And the second is that there are problems with regard to the use of the instrument. Then the author summarizes TBR cases, which indicate the flexibility of the use of the instrument.Chapter â…£: While much has been written about its operation^ there are still something important to illustrate, including function, effectiveness, nature, evolution and future shape. Based on these analyses, the author draws the following conclusion. Firstly, the TBR is considered to be an improvement over its predecessor, the NCPI. Secondly, compared with the section 301, the TBR inclines to be in compliance with the international trade rules supported by the WTO. Thirdly, the TBR is not considered to be perfect, so there is still a long way to go. Fourthly, the instrument is likely to be an obstacle to trade potentially, if the EU authority abuses it. At the end of this chapter, there are some observations OB the future shape of the TBR.Chapter â…¥: The author has intensified her efforts to identify problems that could improve recourse to the market access investigation procedure in China. To sum up, the author makes several concrete proposals. Firstly, there is room for improvement in our procedure. Secondly, government should take steps, which are helpful to pave the way for the use of the instrument in China.