Legal Regulation Of Trade Facilitation Research

Obstacles and barriers influencing on international trade activities are gradually decreased or restrained, after the ending of the negotiation of Uruguay Round. International organizations, governments and trade communities paid close attention on the inefficiency of the trade. They exerted more and more importance on the rationalization of various kind of trade managing procedural. There is a trend to establish a simple harmonious and efficient trade system, WTO has taken trade facilitation into full account since it was established in 1995.Members reached agreement on trade facilitation after several years of consideration and constructive debate. At present the negotiation has entered into the material stage of clarifying and perfecting relative articles.After entry into WTO, China has always been active in the discussing and negotiating on the issue of trade facilitation. Enhancement on the study of trade facilitation will benefit its taken initiative in making rules of trade facilitation. This paper analyses and explores the negotiation of WTO trade facilitation on the basis of the definition of trade facilitation. Then it points out that what standpoint China should take in the negotiation of WTO trade facilitation. The paper can be divided into five parts.The first part mainly explains the basic content of trade facilitation. Having defined trade facilitation, introduced historic revolution and legal features, the author puts forward the basic routine of trade facilitation, ie, simplifying the process of customs, enhancing the construction of transparency. Trade facilitation is helpful to the realization of the free trade and development of global trade.Part two introduces the negotiation of trade facilitation within the frame of WTO. This part points out the weak points of the current rules of trade facilitation. The paper introduces the process of negotiation and emphasized on analyzing and commenting on the disagreement of different members. The developing members held that whether it is necessary to establish the mechanism of trade facilitation and whether it is necessary to apply to dispute settlement for the trade facilitation. Although members have some disagreement on the negotiation of trade facilitation, they agreed to initiate the negotiation within the frame of WTO.Part three mostly analyses the range of trade facilitation. Following the clue of content involved in the trade facilitation, this part fully illustrates the standpoints of the major members and takes comments. WTO trade facilitation mainly involved the clarification and perfection of GATT1994, Article 5,8,10. Needs and priority for the developing countries should be stipulated in the negotiation of trade facilitation. The most important thing is to ensure the technical backup for the developing countries.In the fourth part, it focuses on the trade facilitation of World Customs Organization and Asia Pacific Economic Cooperation. This part attaches great importance on the study of World Customs Organization and Asia Pacific Economic Cooperation. According to the agreement made by WTO members, the negotiation of trade facilitation should consider the achievement made by World Customs Organization and Asia Pacific Economic Cooperation. The author puts forward that the work completed by the two groups mentioned above will eject new energy into the WTO trade facilitation.Part five discusses the negotiation of trade facilitation and the practice in China. After the analysis of the influence of trade facilitation on China and status quo of trade facilitation, this part puts forward the position China should take in the negotiation of participating WTO trade facilitation. During the negotiation of trade facilitation, China should take the developing countries' needs and priority into full account and stick to offer the developing countries technical support. Finally this author gives specific advice on making the rules of trade facilitation according to the particular situation of China.