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The Influence Of Regional Trade Agreements And The Multilateral Trading System

Posted on:2008-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ChenFull Text:PDF
GTID:2206360215461049Subject:International Law
Abstract/Summary:PDF Full Text Request
As the fast development of the global economy, it has become a marked character for the coexistence of the Regional Trade Agreements (RTAs) and multilateral trade system. In resent years, the number of RTAs increases quickly. RTAs cover more and more contents. There are 330 RTAs recorded to WTO and its predecessor GATT until July 2005 except Mongolia that is the only one of WTO that has not reached any agreement with other countries. The contents of the RTAs not only include liberalization of trade, but also include a comprehensive system like trade, investment, service, labor, environment, competition and so on.This thesis studies the "RTAs and Its Influences to the Multilateral Trade System" in order to clarify the origination, connotation and situation of existence and analyses how much it influences to the multilateral trade system. In addition, this thesis introduces some important RTAs and gives some emergency measures according to Chinese practice in the RTAs.Apart from the Preface and the Concluding Remarks, this thesis consists of six Chapters.Chapter One is about "the General Introduction of RTAs". Firstly, it introduces the origination and development of RTAs and three developments climax. Second, it defines the basic concept of RTAs from the angle of WTO. This Chapter raises the six forms of RTAs from economics and three existence forms from the science of law, such as: Customs Union, Free Trade Area, the Interim Agreement to set customs union and free trade area. Finally, This Chapter analyses the existence basis of RTAs from jurisprudence and poses that the RTAs is an escape clause of multilateral trade system. The legal basis is the coordinate theory that the escape clause shows the advance coordinate agreement. That every member state carries out the right of exceptive measures under some certain situations. This also reflects the rights of every number state to carry out exceptive measures and respects the coordination and balance of rights of other number states according to the WTO material rule.Chapter Two is about "the Reason of the Booming Development of RTAs". It analyses the political and safety reason for the existence of RTAs, such as follows: how to solve the global and regional problems; how to promote domestic reform and releases political obstructions; how to increase counters of taking part in multilateral negotiation and influence the formulation of regulations of international economy; how to solve the disputes of international relation and safety; the expectation for a peaceful international environment and democratic domestic politic; the activation of regionalism. Next, this chapter also analyses the economic reason of the development of RTAs. Finally, it analyses why the RTAs is booming by the three shortages of multilateral trade system.Chapter Three is about "the Relation Between RTAs and Multilateral Trade System". It first introduces the theory of the relation between these two which major includes four sides: connotation, comparison, complementary competitive. Secondly, it introduces the rules and regulations of WTO multilateral trade system to RTAs, including Article 24 of GATT, the Understanding on the Interpretation of the Article 24 of GATT, the Article 5 of GATs, Enabling Clause in 1979 and the examination of WTO to RTAs. Thirdly, it analyses three problems of the rules and regulations of WTO to RTAs. In the end, it analyses the influence of multilateral trade system by RTAs from both pro and con. This thesis points out that the RTAs have two sides, active and inactive influence to multilateral trade system.Chapter Four is about "the Development and Application of RTAs". It introduces EU, NAFTA, APEC, ASEAN and MERCOSUR.Chapter Five is about "the New Development Tendency and Impact of RTAs". Firstly, it concludes the new characters of RTAs: the fast increase number, the enlarging area, the plenty of type, the appearance of trans-regional cooperation and multiple regional economy, breaking the restriction of politic system and economic development level. Secondly, it analyses the impact of multilateral trade system by the new developments of RTAs from the process of Doha Talk and multilateral trade system.Chapter six is about "the RTAs and the Strategic Choice of China". It first introduces the present situation of China to attend to the RTAs. This part gives three shortages of China attending to the RTAs. In the end, This part introduces the strategic choice of China, gives some strategic measures to perfect ourselves: to form RTAs among the frame of multilateral trade system; to take part in RTAs actively and strengthen international economic cooperation; to form Chinese Free Trade Area; to promote the policy of domestic reform and opening to outside.
Keywords/Search Tags:RTAs, multilateral trade system, strategic planning, regulation
PDF Full Text Request
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