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Research On The Relevant Legal Issues Of The Revision Of The Kyoto Convention

Posted on:2021-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiuFull Text:PDF
GTID:2506306245973809Subject:Public international law
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The coordination and cooperation between international customs is one of the key issues for the smoothness of international trade.As the only international convention that comprehensively stipulates the customs clearance mechanism and customs business standards,the International Convention on Simplification and Harmonization of the Customs System(the Kyoto Convention)has passed for 20 years after the first amendment in 1999,At present,the international trade environment is facing unprecedented challenges.The development of economic and trade technologies and emerging international trade cooperation mechanisms are constantly emerging.International customs cooperation is showing new trends.The rules and practices envisaged in the Kyoto Convention are inevitably inappropriate.And the future legal positioning should also be adjusted and changed.In response,the World Customs Organization has carried out a new round of comprehensive review and evaluation of the Kyoto Convention in order to explore the value of the Kyoto Convention and its future development direction.In this context,this article aims to sort out and explore the legal issues related to the revision of the Kyoto Convention,to demonstrate the direction and possible prospects of the revision of the Kyoto Convention from the perspective of international treaty law and international customs law,and to participate in the Kyoto The position and strategy of the new round of review and revision of the Convention have been considered and suggested.This article is divided into five parts,the main contents are as follows:The first part mainly reviews and sorts out the revision history and main content of the Kyoto Convention,and analyzes and reviews the characteristics and international influence of the convention as international customs law.The author first traced back to the generation and revision of the Kyoto Convention,and then compared and analyzed the content of the treaty before and after the revision of the Convention;After that,the author motivated the current new round of comprehensive review and revision of the Kyoto Convention such as the challenges of the external environment and the institutional shortcomings of the Kyoto Convention are analyzed.Finally,the current revision process of the Convention is summarized.Amendment of the Convention is currently in its preliminary stages of review and evaluation.The second part analyzes and demonstrates the Kyoto Convention in the sense of public international law in conjunction with related proposals in the new round of comprehensive review and revision work.This section mainly summarizes two issues that need to be resolved in the implementation of the main part of the Kyoto Convention.One is that the Convention currently lacks an effective implementation and supervision mechanism,and the other is that the existing normalization mechanism of the Convention has major limitations.The third part is a detailed discussion on the coordination and facilitation system of the International Customs of the Kyoto Convention.This part is based on the hot proposals of the new round of review and revision of the Kyoto Convention,summarizes a series of emerging customs systems that need to be improved or introduced in the Kyoto Convention,and proposes to build the Kyoto Convention as a unified international customs coordination system The importance of the platform;necessary thinking was made on how the Kyoto Convention can adapt to today's emerging technologies and emerging trade models.The fourth part is based on the analysis of the aforementioned legal issues,and makes suggestions and prospects on the possible reform trends and revision prospects of the Kyoto Convention.It is specifically manifested in two levels.One is to combine the development trend of the global economic and trade and governance system and the legal status of the Kyoto Convention in the current international customs clearance and trade system,and analyze the possible changes in the new round of the Kyoto Convention.The promotion and influencing factors are mainly related to the impact of the World Customs Organization,the World Trade Organization,and other international organizations and international statutes on the development of the Kyoto Convention.The second is to look into the future of the Kyoto Convention.Specifically speaking,The Kyoto Convention will present a tendency towards soft law.Its importance in the future international rule system will be significantly enhanced,and it will also present a more specialized and technical character.The fifth part is the elaboration and analysis of the relationship between the Kyoto Convention and China.This section first demonstrates the impact and significance of the Kyoto Convention on the development of China's Customs Law by explaining the relationship between China's customs legislation and the Kyoto Convention;then it introduces the main reasons for China's participation in the new round of amendments to the Kyoto Convention Positions and measures,and based on this analysis of the enlightenment of participating in the new round of amendments to the Kyoto Convention on the construction of China's customs law;Finally,put forward corresponding suggestions for the improvement of China's customs law.This includes strengthening the coordination and convergence of the customs legal system,improving legislative gaps,and taking into account customs cooperation and national security concepts.
Keywords/Search Tags:the Kyoto Convention, New Round of Amendments, International Customs Cooperation, Soft Law, Improving Customs Legislation
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