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Regulation of the WTO TBT Agreement on technical regulations

Author: ZhangGuiZuo
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: WTO TBT Agreement Technical regulations
CLC: D996
Type: Master's thesis
Year: 2008
Downloads: 148
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Abstract


The development of international trade liberalization, technical barriers to trade is becoming the world's major means of trade protection. The international community generally recognize the need for Technical Barriers to Trade to regulate the impact of world trade and its rational use. GATT / WTO has played an active role in the specification and coordination of the reasonable use of technical barriers to trade. Technical regulations as the main form of technical barriers to trade, because of its mandatory and national differences will naturally become the focus of regulation. The same time, China's technical regulations system be coordinated with the WTO has also become the focus of our research. The object of this paper is the regulation of the technical regulations of the WTO. Research purposes are mainly based on the relevant WTO rules, combined with the WTO case, the interpretation of the major rules and issues of the TBT Agreement on technical regulations, and attempts through the legislative status quo of China's technical regulations, technical regulations on China the improvement of the system and coordination with the WTO rules for further study. The paper is divided into eight issues discussed: The first issue is the relationship between technical regulations and technical barriers to trade. This section first introduces and analyzes the background of the technical barriers to trade, try to give their point of view of technical barriers to trade through different as defined by scholars on Technical Barriers to Trade Review. Focus on the relationship between technical regulations and technical barriers to trade, pointed out that the technical regulations is the focus of the main form of technical barriers to trade is also the TBT Agreement on the system. Lay a theoretical premise and basis for the full text. The second problem is that the rules of the WTO rules and regulations. Generation process and the main content of the relevant rules of the WTO rules of technical regulations and rules of a brief evaluation. Highlights the main content of the TBT Agreement, the GATT and the Tokyo Round Standard Code of Practice to improve and perfect the time effect of the application of the TBT Agreement and the GATT and the SPS and TBT agreements. The third problem is to define the specification of the TBT Agreement, technical regulations. Combination of the GATT / WTO cases, the formulation of the main body of the standardized technical regulations on the TBT Agreement, and standardized content and technical regulations recognition criteria were discussed. The fourth problem is the non-discrimination principle of the TBT technical regulations. TBT non-discrimination principle is a combination of MFN and national treatment, combined with the GATT / WTO case on the principle of non-discrimination, the term \The fifth question in the TBT technical regulations to avoid unnecessary barriers to trade principle. The issue involves the need for standards of technical trade measures unnecessary obstacles to the judgment, a reasonable target species, not risk assessment factors, and fewer trade restrictions ways to achieve reasonable goals, combined with the report of the Expert Group on GATT / WTO elaborate analysis of some controversial points in these issues. The sixth problem is the coordination principles of the TBT technical regulations. Corresponding to international standards as the basis \. The seventh problem is that the TBT technical regulations, the principle of transparency. The specific provisions of the TBT Agreement on the principle of transparency, and TBT Committee to consider the issue of transparency in the summary and analysis of three years. The eighth question to fulfill its WTO commitments in the area of ??technical regulations for their efforts and achievements in China, while analysis of the shortcomings and the need to improve aspects of trying to make some suggestions for the coordination of the technical regulations in China and the WTO rules. On these issues, the paper argues that the definition of the technical barriers to trade should be neutral to understand. Technical regulations is the main form of technical barriers to trade, but also the focus of the technical barriers to trade regulation. WTO rules on technical regulations of the regulation has gone through a process of continuous improvement. China's technical regulations are not perfect, the WTO rules, drawing on international experience, and constantly improve our legal system, and maintain coordination with WTO rules.

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