The Research Of Trade Protectionism Legal Issues Under The WTO Mechanism

As international financial crisis outbreak, the protectionism is rising in the world. Deteriorating economic environment, the influence of interest groups and the imperfections of the existing multilateral trade rules are the reasons for the rampant protectionism. The developing trend of trade protectionism will focus on the outbreak in the short term; in the long term it will be hidden but not disappear. Trade protectionism features include the legality, hidden, diversity, difference and concentration and so on. This article mainly discusses the following four parts of the WTO trade protectionism under the mechanism of legal issues to explore the impact of trade protectionism on China and Chinese government and enterprises how to better use of WTO rules against trade protectionism mechanism. As the following:Firstly, the current situation of WTO trade protectionism under the mechanism. This section mainly discusses the history of trade protectionism, the current situation and developing trend of trade protectionism under the WTO mechanism. Through discussing the history of trade protectionism under the WTO mechanism draw the developing trend of trade protectionism will focus on the outbreak in the short term; in the long term it will be hidden but not disappear.Secondly, check and balance principle about trade protectionism under WTO mechanism. In this section, it mainly discusses the Agreement on Technical Barriers to trade"(TBT Agreement)," Government Procurement Agreement "(GPA), the" Understanding on Rules and Procedures Governing the Settlement of Disputes "(DSU) and other rules. In this section, this article mainly focuses on the TBT Agreement, Articles about GPA on the principles of trade protectionism, DSU and the principles and procedures of the WTO dispute settlement mechanism, the role of trade protectionism as well as their shortage.Thirdly, the Practice of trade protectionism constrains under the WTO mechanism and enlightens. In this section, it mainly discusses the successful practice of restricting trade protectionism under the WTO mechanism and the practice had no significant effect on restricting trade protectionism. Through analyzing "U.S. Steel Safeguard Measures Case" and the United States against China's "tire special Case", I get the conclusion:the practice play positive guidance role on Chinese fighting against foreign trade protectionism whether it is successful or not.Lastly, our country's response measures to trade protectionism under the WTO mechanism and legislative suggestions. In this section, it mainly discusses the United States, Japan and the EU response measures to trade protectionism; our government, businesses and consumers response measures to trade protectionism under the WTO mechanism; current Legislation and legislative proposals for dealing with trade protectionism in China under the WTO mechanism. The Abroad experience of fighting against trade protectionism is worth learning. Government, enterprise and consumers must take active measures to cope with trade protectionism. Improving the domestic legislation is conducive to the healthy development of China's foreign trade as well as to better curb trade protectionism.Through analyzing the above four parts, I come to the conclusion that trade protectionism under the WTO system will not disappear. It is a long way to fight against trade protectionism in a flexible way under the WTO mechanisms. During struggle with trade protectionism, it is important and meaningful for WTO mechanism to improve its own rules.