Legal Study On The Technical Barrier To Trade Of Agricultural Trade In ASEAN

The economic cooperation between China and ASEAN continues to strengthen since the Free Trade Area of China and ASEAN has been founded in2010, in which the proportion of agricultural trade has dramatically increased year by year. The importance of agricultural trade between China and ASEAN in international trade is becoming prominent. As a large agricultural country, China’s agricultural trade is related to the daily life of the peasants, and even connected with the ups and downs of the entire economic system. In order to maximize the protection of their domestic agricultural products, different Countries often set up a great deal of non-tariff barriers to trade, among which technical barriers to trade is the most important factor. China and part of ASEAN countries are developing countries, the qualities of these countries’domestic agricultural products can’t be granted, so these countries tend to develop stringent technical barriers to trade, achieving the purpose of limiting the imports of foreign agricultural products to protect domestic agricultural products.Previous studies have placed their important views in some developed countries such as The United States, Japan, EU ect., ignoring the developing countries like ASEAN which has the emerging significance.This thesis analyzes and evaluates of the theoretical basis of technical barriers to trade from the perspective of the law, making a deep analysis and discussion of the existing legal system in China and ASEAN agricultural technical barriers to trade by the method of the jurisprudence comparison. Meanwhile, this thesis also makes an empirical legal research in technical barriers to trade, combining the legal theory of international trade, international economic law and international commercial law. Finally, from the legal point of view this thesis proposes that the stringent technical barriers to trade in ASEAN "Forced" China to promote its legal system of agricultural technical barriers.The basic content of technical barriers to trade of agricultural products was discussed from the point of view of jurisprudence. Theoretically analyzing the construction of the China-ASEAN Free Trade Area from the point of international law and international commercial law, then analyzing the status quo of the FTA’s agricultural trade and its existing TBT problem of agricultural trade.As the innovation of this paper, this paper analyzes the system of TBT in agricultural trade from a legal point of view of China, ASEAN, and other international organizations., placing more focus on the ASEAN to study the TBT in agricultural trade between China and ASEAN, rather than on the developed countries like the United States, Japan, EU etc. as the previous study did.At last, this paper makes some suggestions that China should to cope with the ASEAN stringent TBT in agricultural trade from the legal prospective. The stringent TBT in agricultural trade of the ASEAN "forces" China to establish a sound structure of agricultural trade.