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Legal Issues of non-market economy status

Author: MaGuiHua
Tutor: XuHaoMing
School: China University of Political Science
Course: International Law
Keywords: Non-market economy Non - market economy status Anti-dumping Countervailing Special rules
CLC: D996.1
Type: Master's thesis
Year: 2010
Downloads: 223
Quote: 1
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Abstract


Reform and opening up three decades, the rapid development of China's foreign trade, China's export products are frequently subjected to anti-dumping investigations, China has for many years anti-dumping investigations than any other country, and the number of anti-dumping cases against Chinese products and China exports accounted for disproportionate to the proportion of world trade, indicating that the only reason of the foreign trade growth is not the anti-dumping cases. There is one important reason is the non-market economy status of China in the international system of trade remedy laws. China has been the main trading partners of the United States and the European Union (EC) as a non-market economy, while the US-European anti-dumping investigation on non-market economy has developed special rules, including rules of a surrogate country to determine the normal value of the alleged dumped product and a country's tax rules to determine the dumping margin is these rules that greatly improve our products was convicted of the probability of dumping established and impose high anti-dumping duties. This is the non-market economy status of China in the anti-dumping. This issue contains two levels, First, a macro perspective, China is the United States and Europe identified as non-market economy country, which is in the non-market economy status and the second is the micro level, the export enterprises in China because of China's non-market economy status in anti-dumping investigations subject to special rules. Before China's accession to the WTO, Chinese scholars have focused on the second aspect of this problem, namely analysis of the special rules of the United States and Europe in the anti-dumping investigations for Chinese enterprises to respond to the recommendations. However, for the first level of not more than reason, there are two main aspects. First, in the 1980s and 1990s, non-market economy status is not unique to China, many former socialist countries in Eastern Europe is also facing this problem, the non-market economy status is not prominent, and second, because China did not join the GATT / WTO multilateral system, China's non-market economy status issue involves only the domestic laws and regulations of the United States and Europe, the path to solve this problem is also very limited, only the United States and Europe to modify its domestic law, while in the no external pressure this road is no doubt is a dead end, and China's market economy transition, the degree is really not high, less than emboldened to make this request on the United States and Europe. So few scholars to study the non-market economy status of China. When China joined the WTO, the nature of the problem has changed. First of all, by 2001, the degree of marketization of the Chinese domestic economy is already very high, the development of the socialist market economy countries also written into the Constitution, as a basic state policy of China. Secondly, the WTO is a market economy and free trade-oriented international economic organizations, WTO absorption China to join itself is an acknowledgment of the economic development of the Chinese market, China should take this opportunity to solve the problem of non-market economy status, but the United States and China's bilateral negotiations entry to China to exert pressure to force China's commitment to accession to the WTO 15 years, the United States can continue to China as a non-market economy treatment in the Protocol on the Accession to continue the implementation of China's exports of goods of the special trade remedy policy. And then this commitment through MFN status be extended to other WTO members. In this way, China became only the WTO members to assume that non-market economy countries. Non-market economy status of China not only bilateral issues from a multilateral issues. When the United States and Europe to give a non-WTO members, Russia in 2002 to a full market economy status, this question has aroused the attention of the government and academics. The one hand, the Chinese government began to apply for market economy status to the United States and Europe were denied, on the other hand, the United States and Europe against Chinese products, the anti-dumping investigations intensified. 2004 Canada's first anti-subsidy investigations, the United States immediately change against non-market economy countries, the position of the anti-subsidy investigations against Chinese products for large-scale anti-subsidy investigations. Increasing the challenges faced by China on the issue of non-market economy status, increasing the urgency to conduct a detailed study on this issue. Law Journal as one, the positioning of the contents of this article to study the issue of legal property, mainly on the legal origin of the non-market economy status of China in the WTO multilateral system, the domestic law of the United States and the European Union and its relations with the WTO rules analysis, provide theoretical support for its settlement of the legal aspects of this problem. The first chapter describes the historical background and development process of the \The second chapter analyzes the legal origin of the non-market economy status. The third chapter is devoted to the United States and Europe to determine the standards of market economies and enterprises, and make a Comment, that their standard opaque, this is an important reason for non-market economy, the politicized. Chapter specific analysis of the surrogate country and a country's tax rules in the United States and Europe in the anti-dumping investigations, pointed out the irrationality of this rule and its adverse effects on Chinese exporters, the fifth chapter of China's non-market economy status the latest developments, began to suffer from the anti-subsidy investigations in Western countries, China faces a new challenge. Finally, the author gives the Chinese government and enterprises according to their own research to respond to suggestions of non-market economy status.

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