Research On The Legal Issues Of RMB Exchange Rate Dispute From The Perspective Of International Law

Exchange rate is derived from the expanding economic connections between countries.Each country has its own independent monetary system,but in international circulation,different currencies need to be converted,in which process the exchange rate has formed.From a legal point of view,Western accusations of RMB exchange rate regime mainly focused on two areas:first,they accused the Chinese Government of the alleged currency manipulation and violation of relevant international law obligations under the IMF agreement;second,they blamed China's currency undervalued on violations of the WTO countervailing and anti-dumping rules.This thesis with the IMF and WTO rules as its main concrete basis focuses on the analysis of China's RMB exchange rate regime under specific circumstances and from two angles of entity and procedure,aiming to provide a proof that China has never manipulated on the exchange rate.In particular,the thesis consists of five chapters.Chapter One introduces the international exchange rate system and the RMB exchange rate regime.First,this chapter gives a brief of the basic information about the international exchange rate system through the introduction of exchange rate systems under the international gold standard,Gold Exchange Standard,Bretton Woods system and Jamaica system.Second,this chapter overviews the whole process of RMB evolution and its current state.Third,this chapter give us several examples on how countries and international organization like Japan,America and European countries blame RMB exchange rate system.Chapter Two focuses on the sovereign issue in exchange rate system.First,this chapter analyze the national currency sovereignty and describe the limits on the national currency sovereignty.Second,this chapter analyze the relationship between RMB exchange rate and the national currency sovereignty.Chapter Three mainly focuses on the jurisdiction issue over the RMB exchange rate dispute under the framework of international law.First,the chapter introduces the jurisdiction right of IMF over the RMB exchange rate dispute.Second,the chapter analyze the three prevailing views among domestic scholars on the jurisdiction right issue and WTO'S general jurisdiction right and specific jurisdiction right.Third,the chapter analyze the division and cooperation of IMF and WTO by looking into relevant regulations that rules the consultation and report mechanism.Fourth,the chapter analyze the 1982 "Foreign Investment Review Law" case bewteen America and Canada.Under the framework of the fourth chapter of international law legal research of RMB exchange rate dispute.First,the Chapter analyze entity legal research of RMB exchange rate under the IMF framework.Through analysis of the specific certification of exchange rate manipulation and the legitimacy of RMB exchange rate,we can conclude that our exchange rate system does not violate the IMF agreenment and shoud not be accused of "exchange rate manipulator".Second,the chapter focuses on the entity legal research of RMB exchange rate under WTO framework.Through analyzing the relevant regulations on subsidies and dumping,we can conclude that the RMB exchange rate system should not be accused of dumping.Chapter Five focuses on resolution of legal problems of China's RMB exchange rate system and related recommendations.China's exchange rate system of RMB exchange rate system is in line with international law,but there are a lot of problems,so on the basis of the first four chapters,the author put forward suggestions to resolve the RMB exchange rate issue.