Study Of Domestic Legitimacy Of The 727 The Provisions Of The U.s. Government Appropriations Bill

With the financial crisis spreads and intensifies, countries have taken various positive domestic measures to deal with it, in order to quickly stabilize its national economic environment. It is undisputable that each country takes such measures to control its macro-economic environment. However, among these measures, there are some activities of trade protectionism, which violates Free Trade Doctrine of World Trade Organization, seriously infringes the consensus of the Doha Round Negotiations, and causes huge damages to the target country's industry at the same time. Our country, due to its big amount of income and outcome values, becomes the victim of Protectionism. Section 727 of U.S. Omnibus Appropriations Act, 2009, restraints the fund under this Act to be used to establish or implement any rule that allows poultry products import from China, as the only restraint. Our government firmly condemns such unjust action, and then resort to the Dispute Settlement Body of WTO for fair adjudication. This paper aims at exploring a new method to resolve the dispute, in the way of discuss whether there is a lack of legality which infringes due process and relative rules of U.S. law, through a deep research into U.S. legal system.This thesis is divided into four chapters.Chapter one briefly introduces the background and the process of the dispute, which leads to the main issue of the dispute, namely, the legality of section 727. Furthermore, it examines the source of section 727 and explains the meaning of this provision. The Chapter also looks into factors considered in the legislative process so that the legislative purpose of this provision can be determined.Chapter II analyzes the legislative background and process of section 733, the Consolidated Appropriations Act, 2008 (the predecessor of section 727). The thesis shows the whole story of the poultry product import dispute between China and U.S., and focuses on parties'interests in conflict. Meanwhile, the thesis argues that the purpose of keeping a clause of section 727 nature is not for bird flue control or food safety, but for restraining Chinese poultry products importation.Chapter III enters into the main part of the discussion. It is divided into three sections. Section I reviews the specific process of the Appropriations Act. In section II, by analyzing the distribution of legislative power under the US Constitution, the author points out a possible lack of legitimacy in section 727. Section III analyzes the proceedings of legislation. Each section is further divided into two parts; the first part is for a brief overview of the relevant provisions in the U.S. legal system, while the second part is for the specific analysis.As mentioned in the first part of Chapter IV, the U.S. Congress transplants section 727 into section 743 of the Omnibus Appropriations Act 2010. The second part of this Chapter briefly analyzes the legitimacy of section 743. Then the third part predicts the future of China-U.S. poultry product import dispute.