The Legal Consideration Of The Doha Negotiation And Free Trade Agreement

Ten years has passed since2001’s Doha Negotiation. It took several times ofnegotiations with little achievements. The developing trend even exhibits a stoppingsituation，which also means the multilateral trading system is suffering a huge impact.The corresponding free trade system is showing a good development trend that manycountries have started to attend or conclude free trade agreement. Because the FreeTrade Agreement reached more convenience and efficiency，it is in good graces ofmany countries，which leads many members of the Doha Negotiations start to havethe positive response to the current negative treatment. In contrast，the DohaNegotiations fail frequently，both developed and developing members have beenunable to reach any agreement，which made many members of the multilateral tradingsystem lose confidence so that changed the center on the free trade agreementnegotiated and signed，promoted the rapid development of free trade agreement. Allthis exhibits the contradictions and conflicts between Doha Negotiations and FreeTrade Agreement.This paper begins with the analysis of the development course and currentsituation of Doha Negotiation，while explaining the major differences betweenagricultural and non agricultural products. In agricultural products，it analyses thenegotiating parties in market access，domestic support，trade special safeguardmechanism， position and conflicts. At the same time it describes China’s role andstatus in Doha Negotiation. What’s more，it gives an analysis of suffocate reason ofthe Doha Round Negotiation from the political， economic and legal aspects.Secondly，the paper introduces the current situation of the development of Free TradeAgreement in the new world pattern to show the new features of it. And respectivelydescribes the three largest influence free trade agreements---the European Union（EU），the North American Free Trade Area （NAFTA），the ASEAN Free TradeArea（AFTA）.And the analysis of the WTO rules in its provisions and mechanism offree trade regulation. Thirdly，the paper analyzes the relations between Doha Roundnegotiations and the free trade agreement，the free trade agreement of the Doha roundof negotiations of the negative effects，as well as the Doha Round negotiations on freetrade agreement promoting effect; and from the Doha round and free trade agreementof two perspectives on both right and legal system of WTO positive and negative effect.Based on the content above，this article gives the coordination paths for DohaNegotiation and the Free Trade Agreement from the WTO aspect. It reforms in threeaspects of WTO in legislation，procedure and judicature in order to define the freetrade agreement，improve decision-making mechanism，strengthen the WTO judicialsystem，and lastly realize the long-term development of multilateral trading system.Finally，it combines with China’s national conditions and international status，putforward some corresponding countermeasures for Doha Negotiation and free tradeagreement respectively. On one hand，China should carefully deal with the DohaNegotiation， in which should be a clear position，form the allies，improve our ownlaws，establish national coordination mechanism. On the other hand，for the free tradeagreement，our country should improve domestic laws，establish review mechanism，and strictly compliance with WTO rules on the basis of drawing lessons from otherfree trade agreements.