The Fact That The Issue Of Discrimination In The Wto Principle Of National Treatment Study

WTO' s principle of national treatment requires equal treatment of imported products and domestic products so as not to effect discrimination between them and not to lead unfair competition. The researching of de facto discrimination in the field of international trade may intend to reveal the essence of it so as to regulate it effectively , lead to a fairly competitive and trade circumstance and wield the should-be-function of WTO' s principle of national treatment.This article includes three parts as well as a preface and a conclusion.The first part canvasses the overview of de facto discrimination. It begins with the conception of discrimination and names the two kinds of discrimination as public discrimination and de facto discrimination in law. Next it gives meanings of related conceptions. Public discrimination refers to explicit, uncovered discrimination existed in law while defacto discrimination means covered discrimination existed in law that is not discriminative in surface but is discriminative in reality. Public discrimination from the violation of WTO' s principle of national treatment refers to covered discrimination against imported products the treatment of which are explicitly inferior to that of domestic products that is executed by contracting members while de facto discrimination from that means covered discrimination existed that is not discriminative in surface but is discriminative in reality and that is executed by contracting members.The second section examines de facto discrimination in legislation of contracting members. It commences from the conception of de facto discrimination in legislation of contracting members, which is covered discrimination existed in such normative legal documents as acts, regulations and requirements made by the legislature of every contracting member that is not discriminative in surface but is discriminative in reality against imported products, to the study of legal systems of WTO' s principle of national treatment which regulate de facto discrimination in legislation, to the description of principal details of GATT and TBT which regulate de facto discrimination, and to the conclusion of the obligations of national treatment in legislation of contracting members.It concludes the requirements of de facto discrimination in legislation from the perspective of theory and practice on the basis of the conclusion of the obligations of national treatment in legislation by contracting members. At the end of the section ,it inspects the problems standed in the regulation of de facto discrimination in legislation, and tries to devise progressive suggestions.The third part observes de facto discrimination in administration of law by regulatory bodies. It initiates from the analysis of causes resulting in de facto discrimination in administration of law by regulatory bodies, to the definition of, and the classification of, de facto discrimination in administration of law by regulatory bodies.Subsequently, the part analyzes the legal systems of, and represents the essential details of WTO' s principle of national treatment which regulate de facto discrimination in administration of law by regulatory bodies, and makes a conclusion of the obligations of national treatment in administration of law by regulatory bodies of contracting members provided in GATT, SPS and TBT. After the conclusion, it furthers the study of the requirements of de facto discrimination in administration of law by regulatory bodies.The part ,at last, audits the issues prevailed in de facto discrimination in administration of law by regulatory bodies and recommends the following measures: first,prescribe expressly the obligation of degree of transparency by regulatory bodies in administration of law; second, provide the right of action enjoyed by entities of imported products; third, describe expressly the right of action to WTO exercised by contracting members.Such legal approaches as philosophical, historical and case-analytical measures are employed in the article.