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On Mutual Recognition Regime in Globalization Process

Author: LuMin
Tutor: XuChongLi
School: Xiamen University
Course: International Law
Keywords: Mutual Recognition Globalization Peaceful Development
CLC: D996
Type: PhD thesis
Year: 2007
Downloads: 285
Quote: 2
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Abstract


With the development of globalization, it is the fact that systematic divergence of different countries needs to move towards convergence of system. Mutual recognition regime can construct the communicating bridge between the varieties of the system and integration of global system; therefore it becomes an important institutional guarantee to accelerate globalization process. Under the background of China’s peaceful development, greater emphasis should be put on addressing issue about the far-reaching significance of mutual recognition regime, and how to utilize this globalization mechanism for peace, high-efficiency, win-win outcomes should also be taken into account.This dissertation systemically introduces mutual recognition regime, including five chapters except for the part of introduction and conclusion:Chapter 1 illustrates the basic principle of mutual recognition regime. Firstly, this dissertation defines the concept of mutual recognition regime, analyzes its operational mechanism, compares it with the global mechanism of national treatment, harmonization, and concludes that as a system platform for globalization, mutual recognition regime has opened up the third road for globalization, which is an important institutional guarantee to accelerate the globalization process.Chapter 2 reviews the origination and development of mutual recognition regime in the process of regional integration, especially in the European Community integration process. For the reason of completing and improving the internal market, European Community designed mutual recognition regime which eventually promoted the integration process of European Community. With“chain effect”of European Community model, other regional organizations also have learned from the experiences of European Community.Chapter 3 focuses on the practices of mutual recognition regime in different fields of European Community which involve the application in the internal market, including the realms of goods trade, professional service and financial service as well as in the foreign trade relations through mutual recognition agreements with different countries.Chapter 4 turns to the multilateral trade system taking WTO as platform. Firstly it sets forth the rules and practices of mutual recognition regime from global aspect, and then clarifies the relevance for mutual recognition regime and WTO topics on trade facilitation and movement of natural persons. Finally, it points out that mutual recognition regime will be a multilateral development trend, and analyzes its obstacles, tendency and feasible tactics.With the situation of China’s peaceful development, chapter 5 discusses the preliminary practices of mutual recognition regime in China, and then indicates the existing central problems about its application. Finally, it puts forward several proposals to this.

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