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Research On The Competition Neutrality Rules Of The USMCA

Posted on:2021-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ShanFull Text:PDF
GTID:2416330602487767Subject:legal
Abstract/Summary:PDF Full Text Request
Competition neutrality means that state-owned enterprises should not gain competitive advantages over private enterprises because of their ownership background and the connection with the government.They should compete fairly in an open market.As one of the important rules to regulate the management behavior of state-owned enterprises,the "competition neutrality rule" has been written into Australia's legal system and gradually evolved into international economic law rules to regulate many issues of international trade horizontally.Its core value lies in maintaining fair competition in the market and promoting healthy economic and social development.On November 30,2018,the leaders of the United States,Canada and Mexico signed the USMCA.The NAFTA has been implemented for 24 years and will now be replaced by the USMCA.In the current international economic and trade environment,the United States and some developed countries are actively promoting the "competition neutrality rule " in the USMCA and other international treaties and negotiations,trying to establish a new generation of trade and investment rules.In the USMCA,Chapter 22 and other competition neutrality rules scattered throughout the agreement are believed to set a higher standard for a government and state-owned enterprises.It is possible to evolve into a model for other future regional free trade agreements or a country's domestic legislation,thus affecting the development direction of international trade.It is foreseeable that the competition neutrality rule will gradually move towards the international community and international treaties and become one of the important topics in future international free trade agreements.In view of this,this article takes the competition neutrality rule in the USMCA as the research object,and it is divided into four chapters in structure.The first chapter starts with the core of "competition neutrality" and analyzes its concept and composition.At the same time,it combs the application status of the competition neutrality rule in the current international society and grasps the essence of the competition neutrality rule from the basic theory to the concrete practice.The second chapter is the content and analysis of the competition neutrality rules of the USMCA.The USMCA is a new trade agreement that replaces the NAFTA.This paper analyzes the competition neutrality rule in the USMCA from the perspectives of subject,object and safeguard measures,thus we can see the specific content of the rule at present.The third chapter is a deepening of the second chapter,that is,whether the introduction of the competition neutrality rules of the USMCA will become a model for free trade agreements.This article thinks that there is a great possibility that it will be gradually accepted by the international community and written into more free trade agreements.As a major international economic and trade country,China's signing of free trade agreements and acceptance of high-standard competition.neutrality rules is a general trend.China is both an investment exporting country and an investment importing country.The high-standard competition neutrality rules represented by the competition neutrality rules of the USMCA will have both positive and negative effects.The fourth chapter,aiming at the regulation of competition neutrality in the USMCA,this article thinks that it will provide a new path for China's macro-economic adjustment and economic trend.But at the same time,it will also be used by some countries to restrict China's trade in international trade.China can explore competition neutrality rules suitable for China's national conditions by participating in the formulation of international rules,improving domestic laws,and carrying out classified management and ownership reform of state-owned enterprises.At the same time,the undesirable points in the USMCA should be avoided in the future development to give voice to emerging economies.
Keywords/Search Tags:USMCA, Competition neutrality rules, State-owned enterprise
PDF Full Text Request
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