Study Of Technical Barriers To Trade In A Number Of Legal Issues

The thesis focuses on the vision studied from the regularfunctionality of international trade law, probe into GATT/TBT structuredispose and rationality and defect that oneself store in that contentarrange, try hard to announce how to utilize this agreement to go afterprofits and avoid disadvantages to the greatest extent in internationaltrade. Meanwhile, More foreign TBT (Technical barriers to trade) state ofdeveloped country that this text passes the crosswise, that we can analyzeit by the classical case that TBT causes the dispute, try hard to belegislating to get off some convergent factors with the suitable aspect ofadministration of justice abstractly, with the technical trade measuresystem looks contrast while structuring in our country, in order to offerthe corresponding system to draw lessons from. This thesis is divided intofive chapters besides concluding the speech, chapter one is for "introduction "; Chapter two is for " the intension of technological barrierand impact on contemporary international trade "; Chapter three is for "the functional research and legal attribute differentiated and analyze ofGATT/TBT "; Chapter four is for " Main technological barrier stateanalysis and enlightenment of developed country "; Chapter five is for "counter-measure that our country establishes the system of TBT". Chapter one lies in expounding the fact that studies meaning andresearch approach and thinking of demonstration adopted mainly of thetopic in a thesis emphatically. This thesis is studied and started with onlyfrom the functionality of GATT/TBT, how to promote the route of benigndevelopment of international trade on the basis of the legal purpose inregular design to probe into this agreement, structure technical trademeasure system in institutional improvement, which offer the thinking onsuitable administration of justice for our country having. This text adoptsrelatively studies mainly; positive research and case analysis method toprove GATT/TBT how overcome oneself lack the system defect ofvalidity, and become suitable for trade country's utilizing and havingeffective rule of operating nature properly. Chapter two explains the intension of the technological barrier andbecomes reasons of the double-edged sword, which influenceinternational trade development mainly. Focus on and analyze from suchrespects as the concept, essence and characteristic of the technologicalbarrier, etc. its intension has essence meaning. First, three key element(namely technological regulation, standard and qualified to evaluateprocedure) of TBT influence inconsistency of emphasis point tointernational trade, it must be from the viewpoint of long-term todetermine to structure the measure system of technical trade, make threekey elements get balanced development; Second, the difference oftechnological barrier and traditional trade barrier and one's ownuniqueness have determined WTO legal system is unable to dispel theorigin of the technological barrier by force, so from this, the technologicalbarrier becomes the main protective measure of current international trade;Third, understanding the mistaken idea that " TBT always exerts anegative influence on trade ", which prove the technological barrier hasbenign function that brings about an advance in international trade.Discussing technological barrier how it is influence double-edged sword,international trade of development must pursue their initial to set up theidea first to become, prove how deviate from their set up originalintention gradually instantly TBT pointed, become the bottleneck ofinternational trade. First of all, WTO legal system has systems to lackcauses the form of expression of technological barrier, containing therange and harmfulness to upgrade gradually. Secondly, technologicalbarrier make apparent to lose fair to come from the technologicaldisparate development of economy causes of WTO all member Chapter three: " the functional research and legal attributedifferentiated and analyze of GATT/TBT." Agreement this technologicalbarrier set up and cause only legal...