WTO机制下的贸易保护主义法律问题研究
发布时间：2018-10-18 09:22
【摘要】：国际“金融危机”爆发后,贸易保护主义在全球范围内抬头。经济环境的恶化、利益集团的影响和现行多边贸易规则的不完善都是这次贸易保护主义猖獗的原因。从发展趋势看,贸易保护主义在短期会被大量使用,长期将隐而不退；并呈现出合法性、隐蔽性、多样性、差异性和集中性等特点。本文主要就以下四个部分对WTO机制下的贸易保护主义法律问题进行研究和论述,探讨贸易保护主义对我国的影响及我国政府和企业如何更好地运用WTO机制相关规则应对贸易保护主义。 一、WTO机制下贸易保护主义的现状。主要研究和论述WTO机制下贸易保护主义的历史及其发展趋势。本部分通过论述WTO机制下贸易保护主义的历史引出WTO机制下贸易保护主义的现状,进而得出WTO机制下贸易保护主义短期内集中爆发,长期隐而不退的发展趋势。 二、WTO机制下有关贸易保护主义的制约规则。主要研究和论述《技术性贸易壁垒协定》(TBT协定)、《政府采购协定》(GPA)及《关于争端解决规则与程序的谅解》(DSU)等有关贸易保护主义的制约规则。论文具体就TBT协定和GPA有关制约贸易保护主义的原则、DSU和WTO争端解决机制原则与程序以及对贸易保护主义的制约作用和它们的不足进行分析和研究。 三、WTO机制下贸易保护主义制约的实践及启示。主要研究和论述WTO机制制约贸易保护主义的成功实践与无显著成效的特例。通过对“美国钢铁保障措施案”和美国针对我国的“轮胎特保案”进行相关的法理分析,得出实践启示：无论是成功的还是无明显效果的实践都对我国应对贸易保护主义起到积极引导作用。 四、WTO机制下我国应对贸易保护主义的措施及立法建议。主要研究和论述美国、日本和欧盟应对贸易保护主义的措施；我国政府、企业及消费者在WTO机制下应对贸易保护主义的的措施；在WTO机制下我国应对贸易保护主义的立法现状及立法建议。国外的经验值得我们学习,政府、企业和消费者都应该去积极地措施应对贸易保护主义。完善国内立法有利于我国对外贸易的健康发展,有利于我国更好的遏制贸易保护主义。 通过以上四部分的分析与研究,基本上可以得出以下结论：WTO机制下贸易保护主义将不会消失,灵活运用WTO机制相关规则应对贸易保护主义的道路依然漫长。在与贸易保护主义斗争的过程中,WTO机制自身规则的完善同样具有重要作用和意义。
[Abstract]:After the outbreak of the international financial crisis, trade protectionism is on the rise all over the world. The deterioration of economic environment, the influence of interest groups and the imperfection of current multilateral trade rules are the reasons for the rampant trade protectionism. From the point of view of development trend, trade protectionism will be widely used in the short term, and will remain hidden in the long run, and it will show the characteristics of legitimacy, concealment, diversity, difference and centrality. This paper mainly studies and discusses the legal problems of trade protectionism under the WTO mechanism in the following four parts. This paper probes into the influence of trade protectionism on our country and how our government and enterprises can better apply the relevant rules of WTO mechanism to deal with trade protectionism. First, the current situation of trade protectionism under the WTO mechanism. This paper mainly studies and discusses the history and development trend of trade protectionism under WTO mechanism. By discussing the history of trade protectionism under the WTO mechanism, this part leads to the current situation of trade protectionism under the WTO mechanism, and then draws a conclusion that the trade protectionism under the WTO mechanism will erupt in a short period of time and will remain hidden for a long time. Second, the restriction rules of trade protectionism under the WTO mechanism. This paper mainly studies and discusses the restrictive rules of trade protectionism such as the Agreement on Technical barriers to Trade (TBT Agreement), the Agreement on Government Procurement (GPA) and the understanding on dispute settlement rules and procedures (DSU). This paper makes an analysis and research on the principles of TBT Agreement and GPA, the principles and procedures of DSU and WTO dispute settlement mechanism, the restrictive role of trade protectionism and their shortcomings. Third, the practice and enlightenment of trade protectionism under WTO mechanism. This paper mainly studies and discusses the successful practice of WTO mechanism restricting trade protectionism and the special cases which have no remarkable effect. Through the relevant legal analysis of the "US Steel safeguard measures case" and the "Tire Special Protection case" of the United States of America, The practical enlightenment: whether successful or not, the practice of trade protectionism plays a positive role in guiding our country to deal with trade protectionism. Fourth, the measures and legislative suggestions for China to deal with trade protectionism under the WTO mechanism. This paper mainly studies and discusses the measures taken by the United States, Japan and the European Union to deal with trade protectionism, the measures taken by our government, enterprises and consumers to deal with trade protectionism under the WTO mechanism. Under the WTO mechanism, our country counteracts the trade protectionism legislation present situation and the legislative proposal. Foreign experience is worth learning, governments, businesses and consumers should take active measures to deal with trade protectionism. Perfecting domestic legislation is conducive to the healthy development of China's foreign trade and better containment of trade protectionism. Through the above four parts of the analysis and research, we can draw the following conclusions: trade protectionism will not disappear under the WTO mechanism, flexible use of the relevant rules of the WTO mechanism to deal with trade protectionism is still a long way. In the process of fighting against trade protectionism, the perfection of the rules of WTO mechanism is also important and significant.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
本文编号：2278690
[Abstract]:After the outbreak of the international financial crisis, trade protectionism is on the rise all over the world. The deterioration of economic environment, the influence of interest groups and the imperfection of current multilateral trade rules are the reasons for the rampant trade protectionism. From the point of view of development trend, trade protectionism will be widely used in the short term, and will remain hidden in the long run, and it will show the characteristics of legitimacy, concealment, diversity, difference and centrality. This paper mainly studies and discusses the legal problems of trade protectionism under the WTO mechanism in the following four parts. This paper probes into the influence of trade protectionism on our country and how our government and enterprises can better apply the relevant rules of WTO mechanism to deal with trade protectionism. First, the current situation of trade protectionism under the WTO mechanism. This paper mainly studies and discusses the history and development trend of trade protectionism under WTO mechanism. By discussing the history of trade protectionism under the WTO mechanism, this part leads to the current situation of trade protectionism under the WTO mechanism, and then draws a conclusion that the trade protectionism under the WTO mechanism will erupt in a short period of time and will remain hidden for a long time. Second, the restriction rules of trade protectionism under the WTO mechanism. This paper mainly studies and discusses the restrictive rules of trade protectionism such as the Agreement on Technical barriers to Trade (TBT Agreement), the Agreement on Government Procurement (GPA) and the understanding on dispute settlement rules and procedures (DSU). This paper makes an analysis and research on the principles of TBT Agreement and GPA, the principles and procedures of DSU and WTO dispute settlement mechanism, the restrictive role of trade protectionism and their shortcomings. Third, the practice and enlightenment of trade protectionism under WTO mechanism. This paper mainly studies and discusses the successful practice of WTO mechanism restricting trade protectionism and the special cases which have no remarkable effect. Through the relevant legal analysis of the "US Steel safeguard measures case" and the "Tire Special Protection case" of the United States of America, The practical enlightenment: whether successful or not, the practice of trade protectionism plays a positive role in guiding our country to deal with trade protectionism. Fourth, the measures and legislative suggestions for China to deal with trade protectionism under the WTO mechanism. This paper mainly studies and discusses the measures taken by the United States, Japan and the European Union to deal with trade protectionism, the measures taken by our government, enterprises and consumers to deal with trade protectionism under the WTO mechanism. Under the WTO mechanism, our country counteracts the trade protectionism legislation present situation and the legislative proposal. Foreign experience is worth learning, governments, businesses and consumers should take active measures to deal with trade protectionism. Perfecting domestic legislation is conducive to the healthy development of China's foreign trade and better containment of trade protectionism. Through the above four parts of the analysis and research, we can draw the following conclusions: trade protectionism will not disappear under the WTO mechanism, flexible use of the relevant rules of the WTO mechanism to deal with trade protectionism is still a long way. In the process of fighting against trade protectionism, the perfection of the rules of WTO mechanism is also important and significant.
【学位授予单位】：郑州大学
【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 张梦华;贸易壁垒调查法律制度发展趋势研究[D];大连海事大学;2012年
，本文编号：2278690
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