反倾销制度下的反规避机制研究
发布时间：2018-09-17 06:59
【摘要】：随着国际贸易日益发展,反倾销规则在实施中也越来越多遇到了困难。为了追求利益,各国出口商在被采取反倾销措施之后,纷纷趋向规避谋求利润。欧盟、美国早在1987年以来就注意到了这一现象及其对国际贸易造成的侵害,纷纷进行立法;乌拉圭回合谈判中,也曾试图调和各国利益,制定国际统一规则,但最终未能写入GATT1994的最终文件,但是幸运的是,《邓克尔草案》已经各国讨论,部长决议安排反规避非正式小组对该问题继续探讨,建立反规避的国际统一规则,指日可待。 本文共分六章。 第一章介绍了反规避法律问题的概念、起源,分析了反规避问题的基本内涵,并参考了欧美相关立法及WTO对相关问题所作的尝试,界定了规避行为的法学定义、规避行为的分类,以及对反规避措施提出了自己的见解。 第二章是对反规避机制的正当性探究。内容包括合理性和与WTO规则一致性两个部分,从理论和实践两个角度进行论证,内容上结合了反规避对反倾销实施的作用,和对国际投资的影响,并通过探讨反规避机制与WTO基本原则、《建立世界贸易组织协议》的一致性以及从GATT专家组的裁决三个角度,分析了其与WTO规则的一致性。 第三章和第四章分别对欧盟和美国的反倾销制度进行了介绍,通过实体规则和程序规则两个角度进行,中间穿插了案例分析和立法的改革,并在第五章对二者内容从实体和程序上进行了对比。在第五章除了对欧美反规避立法进行横向对比之外,还将二者规定与《邓克尔草案》这一WTO曾经为反规避机制做的尝试进行了纵向对比,法律比较分析的运用为下一章探讨中国反规避机制的构建和建议提供了基础和素材。 最后一章结合了欧美反规避立法的经验和对比,并借鉴《邓克尔草案》的内容,为构建我国反规避立法体系提出了构想,并对完善相关规定、解决实践中的问题提出了建议。
[Abstract]:With the development of international trade, anti-dumping rules have encountered more and more difficulties. In order to pursue interests, exporters of various countries tend to avoid seeking profits after being taken anti-dumping measures. Since 1987, the European Union and the United States have noticed this phenomenon and its encroachment on international trade. They have legislated one after another. During the Uruguay Round negotiations, they also tried to reconcile the interests of all countries and formulate international uniform rules. But it was not written into the final document of the GATT1994, but fortunately, the Dunkel draft has already been discussed, and ministers have decided to arrange an informal group on anti-circumvention to continue to discuss the issue and to establish international uniform anti-circumvention rules. This paper is divided into six chapters. The first chapter introduces the concept and origin of anti-circumvention legal problem, analyzes the basic connotation of anti-circumvention problem, and defines the legal definition of circumvention behavior by referring to the relevant legislation in Europe and the United States and the attempt made by WTO. The classification of circumvention behavior, as well as the anti-circumvention measures put forward their own views. The second chapter explores the legitimacy of anti-circumvention mechanism. The content includes two parts: rationality and consistency with WTO rules, which are demonstrated from two aspects of theory and practice. The content combines the role of anti-circumvention on the implementation of anti-dumping, and the impact on international investment. Through the discussion of the anti-circumvention mechanism and the basic principles of WTO, the consistency of the Agreement of establishing the World Trade Organization and the ruling of the expert Group of GATT, this paper analyzes its consistency with the rules of WTO. The third and fourth chapters introduce the anti-dumping system of the EU and the United States respectively, through the substantive rules and procedural rules, the case analysis and legislative reform are interspersed in the middle. And in the fifth chapter, the content of the two from the substantive and procedural comparison. In the fifth chapter, in addition to the horizontal comparison of the anti-circumvention legislation in Europe and the United States, the two provisions are also compared vertically with the "Dunkel draft", an attempt made by the WTO for the anti-circumvention mechanism. The application of comparative legal analysis provides the basis and material for the next chapter to discuss the construction and suggestion of anti-circumvention mechanism in China. The last chapter combines the experience and contrast of European and American anti-circumvention legislation, and draws on the content of "Dunkel draft", puts forward some ideas for the construction of anti-circumvention legislation system in China, and puts forward some suggestions to perfect the relevant regulations and solve the problems in practice.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
本文编号：2245092
[Abstract]:With the development of international trade, anti-dumping rules have encountered more and more difficulties. In order to pursue interests, exporters of various countries tend to avoid seeking profits after being taken anti-dumping measures. Since 1987, the European Union and the United States have noticed this phenomenon and its encroachment on international trade. They have legislated one after another. During the Uruguay Round negotiations, they also tried to reconcile the interests of all countries and formulate international uniform rules. But it was not written into the final document of the GATT1994, but fortunately, the Dunkel draft has already been discussed, and ministers have decided to arrange an informal group on anti-circumvention to continue to discuss the issue and to establish international uniform anti-circumvention rules. This paper is divided into six chapters. The first chapter introduces the concept and origin of anti-circumvention legal problem, analyzes the basic connotation of anti-circumvention problem, and defines the legal definition of circumvention behavior by referring to the relevant legislation in Europe and the United States and the attempt made by WTO. The classification of circumvention behavior, as well as the anti-circumvention measures put forward their own views. The second chapter explores the legitimacy of anti-circumvention mechanism. The content includes two parts: rationality and consistency with WTO rules, which are demonstrated from two aspects of theory and practice. The content combines the role of anti-circumvention on the implementation of anti-dumping, and the impact on international investment. Through the discussion of the anti-circumvention mechanism and the basic principles of WTO, the consistency of the Agreement of establishing the World Trade Organization and the ruling of the expert Group of GATT, this paper analyzes its consistency with the rules of WTO. The third and fourth chapters introduce the anti-dumping system of the EU and the United States respectively, through the substantive rules and procedural rules, the case analysis and legislative reform are interspersed in the middle. And in the fifth chapter, the content of the two from the substantive and procedural comparison. In the fifth chapter, in addition to the horizontal comparison of the anti-circumvention legislation in Europe and the United States, the two provisions are also compared vertically with the "Dunkel draft", an attempt made by the WTO for the anti-circumvention mechanism. The application of comparative legal analysis provides the basis and material for the next chapter to discuss the construction and suggestion of anti-circumvention mechanism in China. The last chapter combines the experience and contrast of European and American anti-circumvention legislation, and draws on the content of "Dunkel draft", puts forward some ideas for the construction of anti-circumvention legislation system in China, and puts forward some suggestions to perfect the relevant regulations and solve the problems in practice.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
【引证文献】
相关硕士学位论文 前1条
1 谷婀娜;反规避法律问题研究[D];郑州大学;2012年
，本文编号：2245092
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