Technical Barriers To Trade (tbt) And The Impact On China's Agricultural Exports And Legal Countermeasures

With the economic and technical development and the increase of people's living standard, people pay more and more attention to eco-environment protection, food security safeguard and animal welfare, how to deal with the relationship between trade and other public interests correctly influences rules of multilateral trade system and domestic laws. Since 1990s WTO agreement has started work, the protective efforts of tariff and traditional non-tariff are being weakened. Under such circumstance, comparatively new-styled technical barriers to trade (TBT) are applied to international trade occasionally because of its superficial ration, ulterior motives and flexible operation. As the important international law of regulating TBT, WTO/TBT agreement seems to be too abstract and unintelligible, and there are uncertainties in applying it when handling trade debates. So it is possible for governments to abuse TBT and provide opportunities for trade protectionism. The formulation, adoption and application of TBT are based on advanced economy and technology. Developed countries play a core role in formulating, adopting and applying technical regulations, standards and procedures for assessment of conformity because of their strong economy and advanced technique, TBT that applied by them affects the exports of developing countries. China as a developing country, the quality of agricultural products is not so good, the test methods of pesticide residue limit are backward and protectionism in the environment of international trade increases, so the exports of Chinese agricultural products are hindered, now Chinese agriculture has been one of the industry affected seriously most. When China-ASEAN Free Trade Area forms completely, the tariffs about agricultural products between China and ASEAN will become "0", since the agricultural structure between Guangxi and ASEAN is similar, Guangxi agricultural products trade will be lashed dramatically if without preventive measures. Based on the current condition of the influence on agricultural products, the article indicates my own viewpoints on constructing and perfecting TBT legal system, establishing preventive system, etc. The article contains four chapters. The first chapter is about TBT and its international law regulation. Firstly compare and analyze the current study seeds to concept TBT and its substance; secondly show the formulation of TBT and its main characteristics, analyze the differences between TBT and the "unnecessary"obstacles and the reasons of TBT converses to "unnecessary"obstacles, so as to provide assistance for the further study of TBT legal regulation. The second chapter analyzes the main indications and reasons of Chinese agricultural products are limited by TBT through comparing industries, nations which are limited by, and the types of agricultural products. The third chapter points out advice and policy about setting up and perfecting related TBT legal system through analyzing our insufficiency on adopting TBT agreement and the distance between our promise when entering WTO and TBT construction process. The last chapter focuses on the influence on Guangxi agricultural products trade as applying "0"tariff under the CAFTA agreement, and particularly points out my own suggestions on strengthening famous local agricultural products standard conformity.