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Comparative study of the different areas of WTO MFN

Author: JiShunPing
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: WTO MFN status Comparative Study
CLC: D996.1
Type: Master's thesis
Year: 2006
Downloads: 434
Quote: 2
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Abstract

The MFN principle is the pillar of the international fair trade system, without the presence of the MFN principle, international fair trade difficult to achieve. At the same time, the MFN principle is also the World Trade Organization (WTO), one of the important basic principles. China has become a full member of the WTO side, the MFN principle is a double-edged sword for China's international economic and trade, on the one hand, to be bound by the MFN principle, with respect to the non-discriminatory treatment of other obligations of Member States, and the other aspects, but also protected by the MFN principle, other members can not discriminatory to treat China. In addition, the MFN principle of the WTO system there are many exceptions to the rules, these exceptions to the rules in pursuit of real fairness is reasonable. Thus, the correct understanding and application of this principle is an important condition for the safeguarding of the rights of China in the WTO, and to fulfill our obligations. MFN principle applies in different areas of the WTO, at home and abroad have been some research. The foreign and advancing with the advent of the new WTO case, domestic work is relatively slightly behind, researchers focus attention on this issue more applicable to the MFN principle in the GATT discourse. Not many books and articles in the MFN principle applies in the GATS and the TRIPS discussed more representative: the the Professor Wang Guiguo to formation of the MFN principle in international trade, the WTO established the practice of the former GATT and the WTO under the most-favored The implementation of the principles discussed; Professor Zhao Weitian MFN principle applies in the WTO also made a lot of different opinions. Overall, the MFN principle applicable in different areas of the WTO for more in-depth and comparative study of the work needs to be further requires researchers to be more attention. In this paper, the use of provisions, case studies, historical analysis, carried out a comparative study of different areas of the WTO's MFN status. Be empirical and in-depth understanding in to emphasize normative analysis of the relevant provisions at the same time, and through the analysis of the GATT / WTO practice. Specifically, the paper is divided into the following four parts: the first part, from a macro perspective discusses the basic theory of the meaning of the MFN principle and intrinsic value orientation issues, pointed out that the basic spirit of the principle of equal treatment under trade and prevent arbitrary discrimination, rather than give the biggest benefit, namely, the the MFN pursuit of the ultimate goal is equality of opportunity to compete. At the same time, and discusses the common characteristics of the dominance of the principle of the WTO system of legal principles and applicable in various fields in the WTO automatic, unconditional reciprocity, multilateral, identity and universality. The second part, research GATT1994, the MFN principle requirements, exceptions, from the full range discusses the status quo principle applicable in the field of trade in goods, and by case analysis of some of the problems encountered in the GATT practice On this basis of the analysis and discussion of our trade in goods

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