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Legal Research On International Monetary Barriers

Posted on:2012-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2246330395469173Subject:International Law
Abstract/Summary:PDF Full Text Request
After the global economic crisis in2008, the international monetary barrier is anew barrier means which is taken by developed countries led by the US through usingUS dollar’s dominant position, unilaterally taking change currencies, affecting normalorder of international trade in order to restrain China’s trade deficit to continueexpanding. As for using the particular medium of the currency, comparing with thetraditional barriers, this kind of barrier is more subtle, wider and deeper affecting inimplementation. With the changing of the situation of international economy, the newmodel of the barrier will play an unprecedented role, and it will become a veryimportant trade protectionist measure in international trade barriers in the future.However, the international community does not yet pay attention to the new comingbarrier. Besides, the international monetary barrier crosses different academic fields,including financial sector, political and legal field, sometimes it involves nationalsecurity issues. Therefore, the international currency barrier is more complex thantraditional trade barriers. For these reasons, research on this issue stop for a long timeat the foreign exchange control at home and abroad, but no one involves in studyingthis new coming barrier. The author attempts to research on this issue, hoping to beone of the first in studying, enlightening more scholars research morecomprehensively, deeply and systematically in order to fill the gap of this fields.This paper is divided into five parts: the opening introduces the topics of thisarticle, research significance, research methods and ideas. Then in second part, theauthor summarizes the situation of research at home and abroad in internationalmonetary barrier. Through studying the author found that so far the world-wideacademic research on the new monetary barrier is still in vacuum. Defining theconcept of monetary barrier in international level is limited to the traditionalgovernment foreign exchange control. Monetary barrier is only individual mentionedin reports by news. But the concept of “monetary barrier” is never been used publiclyin our country. Therefore, in the third part, the author tries to define the trade barrier,and firstly classify the monetary barrier into two categories of broad and narrowbarriers on the basis of deeply analysis in the characteristics and performance of themonetary barrier. Then by analyzing some approximate concepts, studying in theimpact on national monetary sovereignty by implementation of the barrier, makes thetheoretical system of monetary barrier more completely. In the fourth part, the author concludes that technological trade and the associated barriers to trade in services arethe least affected trade categories by monetary barrier by analyzing changes of threetypes of analytical data under the affection of monetary barrier. In addition, differentsituation in each nation is one of the important factors in affecting the function ofinternational monetary barrier. Finally, in response to the international monetarybarrier, the author puts forward both policy and legal means for international anddomestic levels. Such as by taking three kinds of measures including reconstructinginternational monetary system, reforming international trading system and improvinginternational legal system, forming joint prevention and control system at theinternational level, in order to eliminate barriers arising from external monetaryconditions. At the national level the formation incentives of the barrier must befundamentally removed through accelerating economic reform and industrialrestructuring; Improving the legal system of financial supervision, preventing andcontrolling of money caused by impact of hot money. Also, we should give moreemphasis on communication and cooperation with the international community andUse the power of the international community to jointly deal with internationalmonetary barrier.
Keywords/Search Tags:international monetary barrier, exchange control, energy currency, quantitative easing monetary policy, international monetary system, mechanism forinternational anti-money monopoly
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