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Research on Conformity Assessment Procedures Issues of TBT Agreement

Author: LiuSiWen
Tutor: ZhaoPuYing
School: Hebei University of Economics
Course: International law
Keywords: Conformity Assessment Procedure TBT Agreement Technical Barriers to Trade
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 33
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Abstract


Technical Barriers to Trade is a technical measures which taken to restrict or prohibit the import and export, It’s use for protect national security, ensure the quality of export products, prevent fraud, protect human, animal or plant life or health and protection of the environment and legitimate objective. It’s constitute by the technical regulations, technical standards and conformity assessment procedures. Among the internal logic reflected in the Conformity assessment procedures based on standards as a starting point of the final link in the chain of technical regulations, implementation of technical regulations and standards depends on conformity assessment procedures to be, thus the importance can be seen in the "TBT Agreement". Conformity Assessment Procedures means every directly or indirectly assessment procedures and related activities which use to determine whether it meets requirements of technical regulations or standards. It can be means, the importance of this conformity assessment system more than the regulations and standards itself which need to comply with, and even have a stronger operational. Terminology, content and mode of Conformity Assessment Procedures is different in different countries, however, the all role played by very large, in international trade, for manufacturers, suppliers, consumers, and the legislative branches of government to bring all the benefits of international trade itself, greatly promoted the development of international trade and product quality improvement.Also note that, the status that conformity assessment procedures are too cumbersome and standards between countries, technical regulations can not be harmonization, makes the Conformity Assessment Procedures exist the possibility of abuse, and exist potential risks that promate of technical barriers to trade. In order to make Conformity Assessment Procedures with a positive effect fade out the barriers, and play the more significant role, require the "TBT Agreement" on its relevance as a technical trade measures to regulate the content and operation. Also need a coordinated manner with the combination of various international, to achieve the purposes that avoid trade barriers, and promote international trade.The dissertation affirmed Conformity Assessment Procedures itself and the value and significance, that not all of the Conformity Assessment Procedures are surely constitute barriers to trade, affirmed the reasonably and advanced of Conformity Assessment Procedures, comments related to the solution proposed about Conformity assessment procedures barriers cause of the standards and regulations are not uniform or international coordination is not inadequate. The first part of the dissertation beginning with the detail elaborate and analysis of the Conformity Assessment Procedures, and state it’s characteristics, history, system content, also analysis of the conformity assessment procedures on the positive and negative impact of international trade; The second part focus on the Conformity Assessment Procedures barriers and the regulation by the "TBT Agreement", because of the risk of the barriers of Conformity Assessment Procedures is exists, so it is necessary "TBT Agreement" be restricted to avoid the appearance of this condition; The third part reveals the situation of difficult for the international harmonization of Conformity Assessment Procedures by analyze Conformity Assessment Procedures for major countries of different status, reflects the importance of international coordination in Conformity Assessment field and expand this further elaborate International coordination of two ways which came into being, standardize uniform and the mutual recognition agreement (MRAs); The last part theoretical and empirical analysis the situation of the Conformity Assessment Procedures in China, discussion the blemish and proposed some reasonable proposals in legislation, practice and against the barrier, to make our country in the conformity assessment activities in the field more in line with WTO principles and China’s reality, for break through barriers to make it as the rapid development of China’s foreign trade has played a positive role and orientation.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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